Medical Malpractice Statute of Limitations in California

The statute of limitations is a legal concept that sets a specific time period during which a person must file a lawsuit. This time limit varies depending on the type of legal claim and jurisdiction. The purpose of a statute of limitations is to encourage the timely resolution of legal disputes.

For medical malpractice lawsuits in the state of California, a person generally has three years from the date of the injury or one year from the discovery of the injury to file a lawsuit. It is important to remember that there are some exceptions to this rule, so it is always a good idea to consult with a lawyer before pursuing any kind of legal action.

Under the law, understanding the medical malpractice statute of limitations in California is key to keeping your rights intact. Due to the intricate nature of medical cases, seeking guidance from experienced legal professionals is crucial for those navigating the complexities of a potential medical malpractice lawsuit. 

Contact the medical malpractice attorneys online or by calling (619) 338-0505. We are standing by to help you take the first step in the legal process.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, surgeon, hospital, or nurse fails to provide the standard level of care that a competent medical professional would have offered in a similar situation, leading to real harm.

Healthcare providers owe a duty of care to their patients. When a provider makes a careless mistake, whether that means misdiagnosing an illness, making a surgical mistake, failing to monitor a baby during birth, or making a medication error, you may qualify for a lawsuit.

Exceptions to the California Statute Of Limitations for Medical Malpractice

California law recognizes that patients may not always discover medical negligence within three years of an injury. Under California Code of Civil Procedure Section 340.5, certain circumstances may extend the usual three-year deadline for filing a medical malpractice lawsuit. 

These exceptions involve fraud, intentional concealment, and a foreign object left inside a patient’s body that has no medical purpose. 

However, these exceptions do not automatically extend every filing deadline. The one-year deadline, which generally begins when a patient discovers or reasonably should have discovered the injury and its connection to possible negligence, may still apply.

Proof of Fraud

Fraud may be an exception when a healthcare provider deliberately deceives a patient about facts related to the medical injury or the provider’s conduct. For example, a doctor might knowingly make false statements about a serious surgical error to keep a patient from learning what happened.

A medical mistake alone does not establish fraud. The patient must have evidence that meets the legal requirements for fraud. Medical records, written communications, and statements from healthcare providers may help establish what happened and whether anyone deliberately misled the patient.

Intentional Concealment

Intentional concealment occurs when a healthcare provider deliberately hides facts about medical negligence. For example, a provider might knowingly misrepresent what happened during a procedure or take deliberate steps to conceal a known error.

Not every missing record, disagreement over a diagnosis, or failure to explain a complication qualifies as intentional concealment. The evidence must meet the applicable legal standard. If you suspect that a provider concealed important facts about your treatment, an attorney can review the available records and help determine whether this exception may apply.

Presence of a Foreign Body

California law also recognizes an exception when a foreign object with no therapeutic or diagnostic purpose or effect remains inside a patient’s body. Examples may include a surgical sponge, gauze, or an instrument accidentally left behind during an operation.

The exception does not cover every object placed inside the body during treatment. An item intentionally left in place for a medical purpose, such as certain surgical implants or devices, generally does not qualify simply because it remains in the body.

In these cases, the timing of discovery matters. A patient may need to establish when they discovered, or reasonably should have discovered, the object and its connection to the injury. 

California courts have recognized that the foreign-body exception can affect when the three-year limit begins to run. However, the separate one-year discovery deadline generally remains important.

If you or a loved one suffered a serious injury because of suspected medical negligence, do not assume that the filing deadline has passed or that an exception automatically gives you more time. The facts, medical records, and timing of your discovery can all matter.

At Vaage Law, we take the time to listen to your family’s experience and carefully assess the legal issues involved. If you have questions about the medical malpractice statute of limitations in California, call Vaage Law at (619) 338-0505 or fill out our online form to discuss your situation.

Do I Have to Notify My Health Care Provider Before Filing?

Under California Code of Civil Procedure Section 364, you must give a healthcare provider at least 90 days’ written notice before formally filing a medical malpractice lawsuit.

This mandatory notice informs the doctor or medical facility about the legal basis of your claim and the injuries you suffered. 

Importantly, if you serve this 90-day notice within the last 90 days of the applicable California statute of limitations for medical malpractice, the overall deadline to file your lawsuit is extended by 90 days from the date the notice was served. Because missing these notice steps can put your case at risk, working with an experienced attorney ensures every notice is served correctly and on time.

Compensation Available in Medical Malpractice Lawsuits

Medical malpractice occurs when a healthcare professional’s actions deviate from the accepted standard of care, resulting in harm to a patient. This complex and sensitive legal issue can arise in various healthcare settings. Medical malpractice cases may involve doctors, nurses, surgeons, or other medical practitioners. 

In medical malpractice lawsuits, financial compensation is awarded to the injured party by the court. This monetary award is meant to provide financial recovery for the losses incurred by the patient. The types of legal compensation that may be available in medical malpractice lawsuits may include:

• Pain and suffering: Pain and suffering awards are intended to compensate for physical pain, emotional distress, and suffering caused by the incident. In addition to pain and suffering awards, you may also be eligible to receive compensation for emotional distress or the psychological trauma experienced as a result of the incident.
• Medical expenses: You may be eligible to receive compensation for the cost of any and all medical treatments you have had as a result of your injury. The treatments you may be able to recover for include hospital bills, surgery, medication, and other healthcare-related expenses.
• Loss of income or loss of future wages: If your accident has made it so that you are unable to work, you may be able to financially recover. You may be entitled to the income lost due to the inability to work as a result of the accident. This can include both current and future lost earnings.
• Punitive damages: Punitive damages are less common in medical malpractice cases. However, when a healthcare provider’s conduct is particularly bad or their conduct is willful, the court will award these as a form of punishment.
• Wrongful death: This is intended to provide financial relief to the surviving family members or dependents of the deceased. Wrongful death awards refer to the compensation awarded in a legal action when someone dies due to the negligence, intentional misconduct, or recklessness of another party.

Each medical malpractice case is unique, and the amount a patient or family may recover depends on the injuries and their long-term effects. In California, Assembly Bill 35 updated the Medical Injury Compensation Reform Act (MICRA), raising the limits on noneconomic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. As of January 1, 2026, these limits are $470,000 for injury cases and $650,000 for wrongful death cases. The limits increase annually.

Economic damages, including medical bills, future care, specialized equipment, home modifications, and lost income, are not subject to these MICRA caps but must be proven. AB 35 also changed attorney contingency fee limits and other rules affecting medical malpractice claims. An experienced attorney can explain how these laws may apply to your family’s circumstances.

Consult with experienced legal professionals who can assess the specific circumstances of the case and help determine the appropriate damages to seek. Contact the medical malpractice attorneys at Vaage Law online or by calling our office at (619) 338-0505. We are standing by to make sure that your case is handled correctly from start to finish.

California Medical Malpractice Statute Of Limitations for Minors

According to the California Civil Code, the statute of limitations for medical malpractice cases is generally set at three years from the date of the injury or one year from the date the plaintiff discovers the injury. 

In cases involving minors, a minor has three years to start a legal action from the date of the alleged wrongful act. However, if the minor is under six years old, they have until their eighth birthday or three years from the date of the wrongful act, whichever is longer, to start the legal action.

Keep in mind that these are general rules, and the specific circumstances of a case can impact the application of the statute of limitations. Additionally, legal standards may change over time. 

Consult with a legal professional to get the most accurate and current information tailored to your specific situation.

Medical Malpractice Statute Of Limitations California and Wrongful Death

In cases involving wrongful death due to medical malpractice, the statute of limitations is typically three years from the date of the decedent’s death.

If a loved one has passed away as a result of medical negligence, a medical malpractice lawyer can help you pursue a wrongful death lawsuit. Your lawyer can help you by investigating your claim, calculating proper damages, and representing you and your family if necessary. 

The attorneys at Vaage Law are here to help you seek justice and secure the compensation you are entitled to. We will work tirelessly to ensure that you receive the best possible outcome for your case as quickly as possible. 

Contact an Experienced Medical Malpractice Attorney

Hiring a medical malpractice attorney is one of the most important steps in the legal process. You want to make sure that your case is being handled by an attorney who has dealt with similar cases. The attorneys at Vaage Law have handled numerous medical malpractice lawsuits and have secured many victories for our clients. One such victory includes a $25.6 million dollar award to a child who experienced medical malpractice. 

If you or a loved one have questions about filing deadlines for medical malpractice cases, contact the California medical malpractice attorneys at Vaage Law online or by calling our office at (619) 338-0505. We are standing by to help you take the first step in the legal process and pursue the justice you are entitled to.