Understanding the Statute of Limitations for Medical Malpractice Cases in California

Medical malpractice occurs when a healthcare provider’s negligence results in harm to a patient. In California, victims of malpractice may be entitled to compensation for medical expenses, lost wages, and pain and suffering. However, these cases are subject to strict deadlines under the state’s statute of limitations.

Failing to file a medical malpractice claim within the appropriate time frame can result in losing your right to pursue compensation. Below, we outline how California’s statute of limitations works in medical malpractice cases and the key exceptions that may apply.

What is a Medical Malpractice Claim?

A medical malpractice claim is a lawsuit filed against a doctor, nurse, hospital, or other healthcare provider who delivers substandard care that causes injury or death. Common examples include:

Misdiagnosis or delayed diagnosis
Surgical errors
Anesthesia mistakes
Medication errors
Birth injuries

Medical malpractice can lead to long-term or permanent injuries, requiring costly medical treatment and affecting a person’s ability to work and enjoy life.

California’s Medical Malpractice Statute of Limitations

Under California Code of Civil Procedure § 340.5, the general statute of limitations for medical malpractice cases is:

1 year from the date you discovered, or reasonably should have discovered, the injury

3 years from the date of the negligent act, whichever occurs first.

This means that in most cases, you have up to one year from the time you realize your injury was caused by medical negligence to file a lawsuit. However, no case can be filed more than three years after the malpractice event unless specific exceptions apply.

Exceptions to California’s Medical Malpractice Statute of Limitations

1. Minors under Age 6

If the victim is a child under 6 years old, the claim must be filed within:

3 years from the date of injury, or
Before the child’s 8th birthday, whichever provides more time.

2. Fraud or Concealment

If a healthcare provider intentionally hides the malpractice or commits fraud to conceal their negligence, the statute may be extended beyond the three-year limit.

3. Foreign Object Cases

If a surgical instrument or foreign object is left inside a patient’s body, the one-year time limit begins when the object is discovered or should reasonably have been discovered.

Why the Statute of Limitations is Critical

Failing to file your medical malpractice claim within the statutory period will likely result in the court dismissing your case, regardless of how strong your evidence is. That’s why it is crucial to consult an attorney immediately upon learning of a potential medical error.

Who Can Be Sued for Medical Malpractice?

Potential defendants in a California medical malpractice case include:

Physicians and surgeons
Nurses and anesthesiologists
Hospitals and outpatient clinics
Radiologists and diagnostic centers
Pharmacists
Nursing homes and rehabilitation facilities

In some cases, multiple parties may share liability for the same injury.

What Compensation is Available?

Successful medical malpractice claims may result in compensation for:

Medical expenses (past and future care)
Lost wages and loss of future earning capacity
Pain and suffering (subject to MICRA limits)
Loss of consortium in some cases involving spouses or family members

Non-economic damages are subject to limits under California’s Medical Injury Compensation Reform Act (MICRA), but economic damages have no cap.

Why You Should Consult a Medical Malpractice Attorney

Medical malpractice cases are complex and require expert medical testimony and a thorough understanding of California malpractice law. An experienced attorney can:

Identify the correct statute of limitations for your situation
Obtain medical records and expert witness evaluations
Ensure your lawsuit is filed within the legal deadlines
Maximize your recovery for all available damages

Conclusion

Medical malpractice claims in California are governed by strict filing deadlines. Missing the statute of limitations can permanently bar your right to seek compensation for medical negligence. If you suspect you have been the victim of malpractice, don’t wait—contact a qualified California medical malpractice attorney as soon as possible to protect your rights.