Medical malpractice guide
What Is the California Medical Malpractice Filing Deadline?
A careful explanation of California’s one-year/three-year medical malpractice framework, minor rules, statutory tolling, 90-day notice, and prompt record review.
Direct answer
What is the California medical malpractice statute of limitations?
Code of Civil Procedure section 340.5 generally requires a professional-negligence action against a health care provider to be filed within three years after the date of injury or one year after the plaintiff discovers, or through reasonable diligence should have discovered, the injury—whichever occurs first. The statute includes specific tolling and minor provisions, and section 364 generally requires 90 days’ notice before filing. These rules are technical and should be calculated from the complete facts.
Key points
What matters most
- The earlier of the one-year discovery period and three-year outside period generally controls.
- Discovery can involve when the plaintiff suspected, or reasonably should have suspected, negligent injury.
- Minors and statutory tolling provisions have specific language and limits.
- A pre-suit notice requirement is separate from investigating and preparing the case.
The one-year and three-year framework
Section 340.5 uses two timing measures. One runs one year from actual or reasonably discoverable injury; the other runs three years from the date of injury. The statute generally applies the earlier date.
“Injury” and “discovery” are legal concepts that may not match the date of a bad outcome, later diagnosis, or the day a patient first believes something went wrong. Medical records, symptoms, disclosures, second opinions, and communications can all be relevant.
Statutory tolling is limited and fact-specific
The statute identifies tolling for fraud, intentional concealment, or a foreign body with no therapeutic or diagnostic purpose or effect. It also contains rules for minors, including a special provision for children under six.
Other statutes and cases may affect a particular matter, but no exception should be assumed. A patient should preserve the exact treatment dates, symptom history, discovery timeline, and communications and seek prompt analysis.
The 90-day notice requirement
California Courts identifies Code of Civil Procedure section 364 as the notice-to-health-care-provider rule. It generally requires written notice of intent before filing an action based on professional negligence.
Notice is not a substitute for a prepared lawsuit and does not create unlimited additional time. Its timing and any statutory extension should be evaluated carefully with the filing deadline.
Medical and expert review takes time
A malpractice evaluation may require complete records from multiple providers, imaging, pathology, medication data, facility policies, and records before and after the event. Records should be organized into a treatment chronology.
Qualified experts commonly assess the professional standard of care and whether any departure caused additional injury. A poor outcome alone is not proof of negligence, and a negligent act without resulting harm may not support damages.
Public providers can add another deadline
A county hospital, public health system, public employee, or other government-related provider can trigger Government Claims Act issues in addition to medical-malpractice rules. A written claim may be due within six months under Government Code section 911.2.
Entity status is not always obvious from a facility’s public-facing name. Confirm ownership, employment, contracting, and agency relationships early.
Frequently asked questions
Questions about this issue
Is the California medical malpractice deadline one year or three years?
Section 340.5 generally applies the earlier of one year after discovery or reasonable discovery and three years after injury, subject to its terms and exceptions.
Does continuing treatment extend the deadline?
Do not assume that it does. The statute’s discovery, injury, tolling, minor, and notice rules require a fact-specific analysis.
What is the 90-day notice?
Code of Civil Procedure section 364 generally requires notice of intent to sue a health care provider before filing a professional-negligence action.
What if the provider is a public hospital?
Government claim rules may apply in addition to malpractice deadlines, potentially requiring a written claim within six months.
Primary sources