California Medical Malpractice Statute of Limitations

Quick answer
In California, the deadline that generally applies to medical malpractice claims is 3 years from the date of discovery, under Cal. Civ. Proc. Code § 340.5. Certain circumstances can pause or extend this window. This is general legal information, not a personal deadline determination for your situation.
California
Medical Malpractice
General statute of limitations
3
years to file
In California, a medical malpractice claim must generally be filed within 3 years of the date of injury. Filing after this window typically bars the claim permanently.
Governing statute: Cal. Civ. Proc. Code § 340.5

What starts the clock, and tolling exceptions

Clock typically starts
Date of discovery (or date of act)
Most states use a discovery rule: the clock may start when you knew or should have known about the injury. A hard outer cap from the date of the act also applies in most states.
Government defendants
Notice of claim may be required
If your claim is against a government entity (a city, county, state agency, or public employee), most states require a separate notice of claim within 30 to 180 days. Missing this notice deadline can bar your claim entirely, independent of the SOL.
State-specific note: California
1 year from discovery or 3 years from act, whichever is earlier.
Tolling: when the clock may pause
Medical malpractice deadlines are among the most complex: most states apply a discovery rule (clock starts when you knew or should have known), but with a hard outer cap from the date of the act. Minor patients and cases involving foreign objects left in the body often have separate rules.

Filing deadlines by claim type in California

Claim typeDeadlineStatute
Personal Injury2 yearsCal. Civ. Proc. Code § 335.1
Car Accident2 yearsCal. Civ. Proc. Code § 335.1
Slip & Fall / Premises2 yearsCal. Civ. Proc. Code § 335.1
Medical Malpractice3 yearsCal. Civ. Proc. Code § 340.5
Wrongful Death2 yearsCal. Civ. Proc. Code § 335.1

What cases like this have ranged for

Illustrative · national · not case-specific
$50,000 – $500,000+
Medical malpractice claims depend heavily on expert review and causation, and typically carry higher damages.
Personal injury settlement calculator →How these ranges are compiled →
Educational information only: not legal advice
This result reflects the general statutory period for medical malpractice claims in California based on publicly available statutes. Your actual deadline may differ based on the specific facts of your case, applicable tolling rules, discovery rule application, government defendant requirements, and other circumstances. This information is for educational purposes only and does not constitute legal advice and does not create an attorney-client relationship. Caseworth makes no warranty as to the accuracy, completeness, or currency of this information. Consult a licensed attorney in California before making any decisions about your claim.
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Common questions

What is the statute of limitations for a medical malpractice claim in California?

In California, the general statute of limitations for medical malpractice claims is 3 years under Cal. Civ. Proc. Code § 340.5. This is general educational information; the deadline that applies to matters like yours may differ based on the specific facts of the case. 1 year from discovery or 3 years from act, whichever is earlier. Consult a licensed attorney in California to confirm the deadline for your situation.

What starts the clock on the California medical malpractice deadline?

Most states use a discovery rule: the clock may start when you knew or should have known about the injury. A hard outer cap from the date of the act also applies in most states.

Are there tolling exceptions in California?

Yes. Medical malpractice deadlines are among the most complex: most states apply a discovery rule (clock starts when you knew or should have known), but with a hard outer cap from the date of the act. Minor patients and cases involving foreign objects left in the body often have separate rules. Tolling rules vary by state and case type, so it is worth confirming with a licensed attorney in California whether an exception applies to matters like yours.

What have cases like this ranged for?

Nationally, cases like this have historically ranged $50,000 – $500,000+ (illustrative, not specific to California or to any individual case). Medical malpractice claims depend heavily on expert review and causation, and typically carry higher damages. See the Settlement Data & Methodology hub for how these ranges are compiled.

Learn more: Settlement Data & Methodology · Statute of Limitations Checker · Personal injury settlement calculator

Other claim types in California

What is my case worth in California? — cited value range + this deadline

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