What is the statute of limitations for medical malpractice in California?
Under California law, the statute of limitations for medical malpractice claims is governed by California Code of Civil Procedure § 340.5. A plaintiff must file a medical malpractice action within one year after discovering, or through reasonable diligence should have discovered, the injury, or within three years after the date of the injury—whichever occurs first.[1] The statute may be tolled beyond the three-year limit only under limited circumstances: proof of fraud, intentional concealment by the defendant, or the presence of a foreign body with no therapeutic or diagnostic purpose left inside the plaintiff.[2]
For minors, the statute provides that an action must be commenced within three years from the date of the alleged wrongful act, except that actions by children under the age of six must be filed before the child’s eighth birthday or within three years, whichever is longer.[3] Additionally, before filing suit, the plaintiff must provide the healthcare provider with 90 days’ notice, as required by Cal. Code Civ. Proc. § 364.[4]
Summary Table
| Category | Filing Deadline | Relevant Law |
|---|---|---|
| Adult Plaintiff | 1 year from discovery or 3 years from injury (whichever first) | Cal. Code Civ. Proc. § 340.5 |
| Minor (under 6 years old) | By 8th birthday or 3 years, whichever longer | Cal. Code Civ. Proc. § 340.5 |
| Minor (6 years or older) | 3 years from date of wrongful act | Cal. Code Civ. Proc. § 340.5 |
| Fraud, concealment, or foreign body | Statute tolled during concealment period | Cal. Code Civ. Proc. § 340.5 |
Therefore, the maximum timeframe to sue for medical malpractice in California is typically three years from the date of injury, subject to the exceptions above.