California Statute of Limitations for Medical Malpractice
In California, the statute of limitations for medical malpractice is 3 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 3 years from accrual.
- Statute: Cal. Civ. Proc. Code § 340.5.
- 1 year from discovery or 3 years from injury, whichever is first. Tolled for minors until age 8.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
1 year from discovery or 3 years from injury, whichever is first. Tolled for minors until age 8.
General California Rules
California applies the discovery rule broadly — for many causes of action, the statute does not begin to run until the plaintiff discovers or should have discovered the injury. Tolling provisions exist for minors (under 18), persons who are mentally incapacitated, and defendants who are absent from the state.
Other Statutes of Limitations in California
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in California?
The statute of limitations for medical malpractice in California is 3 years. Citation: Cal. Civ. Proc. Code § 340.5.
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When does the clock start for medical malpractice in California?
1 year from discovery or 3 years from injury, whichever is first. Tolled for minors until age 8.
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Can the statute of limitations for medical malpractice be extended in California?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.