California Medical Malpractice Lawyer

Which California malpractice deadline applies to you?

Whichever comes first: 3 years from the injury or 1 year from when you discovered, or reasonably should have discovered, the injury and its likely cause. The 1-year discovery period often runs out long before the 3-year limit.

Consider a patient who has a biopsy in Oakland in March 2025 and is told the results are normal. In October 2025, a second doctor finds the cancer was missed. The 1-year discovery period generally runs to October 2026. Waiting for the March 2028 outer limit would be a costly mistake. Children injured at birth or in early childhood may have more time under special rules, but those rules have their own limits and should not be assumed. Special rules also apply in limited situations, such as when a foreign object was left in the body or a provider concealed the error.

What must happen before filing a California malpractice lawsuit?

The patient generally must give the provider at least 90 days' notice of the intention to sue. The notice describes the legal basis of the claim and the injuries.

If the notice is served near the end of the deadline, the filing deadline can be extended, but the timing rules are technical. Some health plans also require patients to resolve malpractice claims through arbitration rather than in court, based on the plan's enrollment agreement. Claims against county hospitals and other public providers require a written government claim within 6 months. Each of these steps should be mapped out early.

A California malpractice case also needs expert support. In nearly every case, a qualified medical expert must explain what a reasonably careful provider in the same field would have done, how the defendant fell short and how that caused the harm. Our team has records reviewed before the notice of intent is served, so the claim is grounded in medical evidence from the start.

How do MICRA caps affect a California malpractice case?

MICRA caps noneconomic damages, such as pain, suffering and loss of enjoyment of life, in claims against health care providers. Since 2023, the cap is higher in wrongful death cases than in injury cases, and it increases each year.

Economic damages are not capped. That makes careful proof of medical costs, future care, lost earnings and household services especially important. MICRA also has other rules, such as limits on attorney fees in these cases, the ability of defendants to introduce evidence of certain insurance payments and the option of paying large future damages over time.

Can a patient's own conduct reduce the award?

Yes. California's pure comparative fault rule can apply, though a patient's share rarely defeats a strong case.

A worked example: a patient with severe abdominal pain is discharged from an emergency room without imaging and later suffers a ruptured appendix. Economic damages are $300,000 and noneconomic damages are found to be $400,000. The jury assigns 15% of the fault to the patient for waiting a day to return when the pain worsened. The economic recovery becomes $255,000. The noneconomic award is reduced to $340,000 and then may be limited further by the applicable MICRA cap. Because both rules apply, each needs to be considered when valuing a case.

What types of errors lead to California malpractice claims?

The cases we review most often include:

• Missed or delayed diagnosis of cancer, stroke, heart attack and sepsis.
• Surgical errors, including injuries to nearby organs and retained items.
• Medication errors in hospitals, clinics and pharmacies.
• Labor and delivery errors that cause birth injuries.
• Neglect in skilled nursing facilities, which may also be nursing home abuse.

California care ranges from large academic medical centers and integrated health systems to county hospitals and community clinics. The type of provider can change the procedure, so it should be identified early.

What should you do if you suspect malpractice in California?

Request complete records, write a timeline and talk with a lawyer before the 1-year discovery period runs.

Keep bills, receipts and lost wage records. Check whether your health plan has an arbitration agreement. Note whether any provider was a public facility. If a loved one died, see our California wrongful death page. For other claims, visit our California injury guide. We offer a free, confidential case review, and you pay no fee unless we win.