Medical Malpractice · Statute of Limitations
Malpractice Lawsuit Deadline in California
How long you have to sue a doctor or hospital for malpractice in California, the statute of limitations, plus when the clock starts, the discovery rule, the statute of repose, and the shorter deadline for suing a public hospital. Cited to the statute.
How the deadline works in California
When the clock starts, whether a discovery rule can delay it, the statute of repose, and the deadlines that differ for particular claims.
| How the clock works | In California | What it means |
|---|---|---|
| Standard deadline | 1 or 3 years | The general limitations period to file a medical-malpractice claim. |
| When it starts | Accrual | The clock is a dual deadline. You must sue within one year after you discover, or reasonably should have discovered, both the injury and that it was caused by negligence, and within three years of the date of injury. Whichever period ends first controls. The three-year period starts when you first notice the physical harm, even before you know a doctor was at fault. |
| Discovery rule | Yes | The one-year clock is itself a discovery clock. The three-year outer limit can be extended only by three things named in the statute: proof of fraud, intentional concealment, or a foreign body left inside you with no medical purpose, such as a surgical sponge. Absent one of those, the three years is a hard wall. |
| Statute of repose | Applies | The three-year period doubles as a statute of repose. It ends malpractice liability regardless of when you discover the harm, except for the three statutory exceptions (fraud, intentional concealment, foreign body). That makes it unusually short for a repose, because it is also the outer limit of the ordinary clock. |
| Statute | Cal. Civ. Proc. Code §340.5 | The controlling statute for the limitations period. Read the full text through the source link below. |
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Public (county or UC) hospital | 6-month claim first | Suing a California public entity, such as a county hospital or a University of California medical center, generally requires a written claim to that entity within six months of the injury under the Government Claims Act (Gov. Code §911.2) before the §340.5 clock even matters. Confirm the deadline for your specific defendant. |
| Minor plaintiff | 3 years | A minor’s malpractice action must generally be commenced within three years of the wrongful act. Section 340.5 has its own minor rule, so the ordinary tolling that pauses other claims until age 18 does not apply the same way here. |
| Child under 6 | 3 years or to 8th birthday | The statute states that "actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period." A very young child effectively has until age eight. |
| Foreign object left inside | Tolls the 3-year cap | A foreign body with no therapeutic or diagnostic purpose, left in the body, is one of the three things that can toll the three-year outer limit. The one-year discovery clock still applies once you find it. |
What you can do right now
Concrete, neutral steps if you were harmed by care in California and the clock is running. This is legal information, not legal advice.
- Pin down two dates, not one
Write down the date of the injury and the date you first suspected a doctor caused it. In California your deadline is the shorter of one year from that discovery date and three years from the injury. Marking both keeps you from missing the earlier one.
- If a public hospital is involved, act within months
Care at a county hospital or a UC medical center usually means a written government claim within six months of the injury. That window closes long before the §340.5 court deadline, so identify any public defendant right away.
- Gather your records and note when you learned of the harm
Request your full medical file and write down when and how you learned the injury might be from negligent care. That discovery date can decide whether your one-year clock has run.
- Talk to a California malpractice attorney before the deadline
The dual clock and the three tolling exceptions turn on specific facts. A licensed California attorney can confirm your exact deadline. The State Bar can refer you to one.
A malpractice deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ State Bar of California — Need Legal HelpThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What California malpractice claimants get wrong
California malpractice deadlines are not one number, and that is what trips people up. Under the MICRA statute, Code of Civil Procedure §340.5, you have one year from when you discover the injury and its negligent cause, but never more than three years from the injury itself, and the shorter of those two is what counts. Someone who realizes two and a half years later that a missed diagnosis harmed them may already be out of time, because the three-year outer limit ran first. That three-year wall lifts only for fraud, intentional concealment, or a foreign object left inside the body, which the statute spells out. Suing a public hospital adds an earlier trap: a written government claim is usually due within six months. Children have their own rule, with a longer window for kids under six. If either clock is close, treat the deadline as firm and get advice now.
Common questions
What is the statute of limitations for medical malpractice in California?
One year from when you discover the injury and its negligent cause, or three years from the date of injury, whichever comes first, under Code of Civil Procedure §340.5. The three-year period is an outer limit that can be extended only for fraud, intentional concealment, or a foreign object left in the body.
Is California malpractice different from the regular injury deadline?
Yes. Ordinary personal injury runs two years from the injury under §335.1. Medical malpractice has its own statute, §340.5, with the one-year-from-discovery and three-year-outer-limit structure. Do not use the general two-year figure for a malpractice claim.
How long do I have to sue if a surgeon left something inside me?
A foreign body left in your body with no medical purpose, such as a sponge or instrument, is one of the three exceptions that can extend the three-year outer limit. You still generally have one year from when you discover it to file, so act quickly once it is found.
What is the deadline for a child hurt by malpractice in California?
A minor’s malpractice claim generally must be filed within three years of the wrongful act. For a child under six, the statute allows three years or until the eighth birthday, whichever is longer. These minor rules are part of §340.5 itself.
Does the MICRA damage cap change my filing deadline?
No. The 2022 law (AB 35) that raised California’s malpractice damage caps changed the money limits, not the timing. The one-year and three-year deadlines in §340.5 are unaffected by the cap changes.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.