Medical Malpractice Statute of Limitations in California
Last verified 2026-07 · Source: Cal. Code Civ. Proc. § 340.5
The deadline
3 years
from the date of injury — or 1 year from discovery, whichever comes first, under Cal. Code Civ. Proc. § 340.5.
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If you're researching medical malpractice claims in California, the single most important number is 3 years. That's how long Cal. Code Civ. Proc. § 340.5 gives you to file a medical malpractice claim, counted from the date of injury — or 1 year from discovery, whichever comes first. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
California Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 3 years | Cal. Code Civ. Proc. § 340.5 |
| Car Accident | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
When the Clock Starts
In California, the limitations period for medical malpractice claims generally begins on the date of injury — or 1 year from discovery, whichever comes first. California recognizes a discovery rule for this claim type: 1-year-from-discovery limit is the binding one in most cases.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 6-month Government Claims Act notice applies to public hospitals (Gov. Code § 911.2).
- Damage caps: Non-economic damages capped under MICRA as amended by AB 35 (2022); cap escalates annually.
90-day pre-suit notice of intent to sue required (§ 364).
Source: Cal. Code Civ. Proc. § 340.5, official California statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for California government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How California Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| California | 3 years | Cal. Code Civ. Proc. § 340.5 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in California?
You have 3 years from the date of injury — or 1 year from discovery, whichever comes first, under Cal. Code Civ. Proc. § 340.5.
Can I still sue after 3 years in California?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in California?
Yes. 1-year-from-discovery limit is the binding one in most cases.
What if the victim was a minor?
California generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
6-month Government Claims Act notice applies to public hospitals (Gov. Code § 911.2).
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Sources
- Official Cal. Code Civ. Proc. § 340.5 — official California statute
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed California attorney.