How to File a Medical Malpractice Lawsuit in California

Medical malpractice occurs when a healthcare provider’s negligence causes injury or death to a patient. In California, victims have the right to pursue compensation—but strict procedural rules and deadlines apply. Whether the harm resulted from a misdiagnosis, surgical error, medication mistake, or failure to warn of risks, understanding how to file a medical malpractice lawsuit in California is essential.

This guide outlines the key steps, legal requirements, and strategic considerations for filing a claim.

Step 1: Confirm That You Have a Valid Claim

To file a medical malpractice lawsuit in California, you must prove:

A provider-patient relationship existed
The provider breached the standard of care
The breach caused injury or death
You suffered damages (e.g., medical bills, lost income, pain and suffering)

California defines medical malpractice as professional negligence by a licensed healthcare provider acting within the scope of their services.

Step 2: Understand the Statute of Limitations

California law requires that you file your lawsuit by the earlier of:

One year after discovering the injury
Three years from the date the injury occurred

This deadline is codified in California Code of Civil Procedure § 340.51. Exceptions may apply for:

Minors under age 6 (deadline is the child’s 8th birthday or three years from injury)
Cases involving fraudulent concealment or foreign objects left in the body

If you miss the deadline, your case may be dismissed.

Step 3: Serve a 90-Day Pre-Lawsuit Notice

Before filing, California law requires you to notify the healthcare provider at least 90 days in advance of your intent to sue3. This notice must include:

The legal basis of your claim
A description of your injuries
The type of loss sustained

This requirement is outlined in California Code of Civil Procedure § 364. If you serve notice within 90 days of the statute of limitations expiring, the deadline is extended by 90 days.

Step 4: Gather Evidence and Expert Testimony

To prove malpractice, you’ll need:

Medical records
Billing statements
Witness accounts
Expert testimony from a licensed provider in the same field

Expert witnesses are essential to establish the standard of care and show how the defendant’s actions deviated from it4. California courts rely heavily on expert analysis to determine liability.

Step 5: File the Lawsuit in Civil Court

Once the 90-day notice period ends, you can file a formal complaint in the appropriate California Superior Court. Your complaint must include:

The names of all defendants
A statement of facts
Allegations of negligence
A demand for damages

Some healthcare contracts may require arbitration instead of court. Review any agreements you signed before receiving care.

Step 6: Prepare for Discovery and Trial

After filing, both sides enter the discovery phase, where they exchange:

Medical records
Expert reports
Depositions
Interrogatories

Most cases settle before trial, but if no agreement is reached, your case may proceed to a jury. California follows a pure comparative negligence rule, meaning your compensation may be reduced if you’re found partially at fault5.

Step 7: Understand Damage Caps and Compensation

California limits non-economic damages (e.g., pain and suffering) under the Medical Injury Compensation Reform Act (MICRA):

As of January 1, 2025, the cap is $430,000 for injury cases and $600,000 for wrongful death3
These caps increase annually until they reach $750,000 and $1 million, respectively

There is no cap on economic damages such as:

Medical expenses
Lost wages
Future care costs

Punitive damages may be awarded if the provider acted with malice, oppression, or fraud.

Step 8: Consider Attorney’s Fees and Costs

California limits attorney contingency fees in medical malpractice cases:

25% if settled before filing a lawsuit
33% if settled or won after filing

These limits are outlined in California Business & Professions Code § 6146. Most attorneys offer free consultations and work on contingency, meaning you pay nothing unless you win.

Final Thoughts

Filing a medical malpractice lawsuit in California requires careful planning, timely action, and expert legal support. From serving pre-lawsuit notice to navigating damage caps, each step is governed by strict rules. If you believe you’ve been harmed by a healthcare provider’s negligence, consult a qualified attorney to evaluate your case and protect your rights.

References

California Courts. (2025). Suing a healthcare provider: Medical malpractice guide. https://selfhelp.courts.ca.gov/civil-lawsuit/medical-malpractice
Shouse Law Group. (2025). Medical malpractice in California – How to bring a lawsuit. https://www.shouselaw.com/ca/personal-injury/medical-malpractice/
AllLaw. (2025). California medical malpractice laws & statute of limitations. https://www.alllaw.com/articles/nolo/medical-malpractice/laws-california.html
LegalClarity. (2025). California medical malpractice laws: Key legal requirements and claims. https://legalclarity.org/california-medical-malpractice-laws-key-legal-requirements-and-claims/
Gilman & Bedigian. (2025). California medical malpractice laws. https://www.gilmanbedigian.com/california-medical-malpractice-laws/