Medical Malpractice in California: Law and the Record

A California medical malpractice claim asserts that a doctor, nurse, hospital, or other health care provider failed to meet the professional standard of care and that the failure caused injury. State law governs the deadlines, the pre-suit notice, and how much can be recovered. The public roll maintained by the State Bar of California shows which attorneys are licensed and in good standing to file such claims.

What counts as medical malpractice under California law?

Medical malpractice, sometimes called medical negligence, is not simply a bad outcome. California law treats it as professional negligence: conduct by a licensed health care provider that departs from the level of skill and care that a reasonably careful provider in the same field would have used, where that departure causes harm. The definition of "professional negligence" appears in Code Civ. Proc. § 340.5.

Proving the standard of care almost always requires testimony from another qualified provider in the same specialty. That expert explains what a competent provider should have done and how the defendant's conduct differed. A poor result, an unwanted side effect, or a disagreement with a treatment decision does not, by itself, establish that the standard was breached.

How long do you have to sue for medical negligence in California?

In most cases, you have three years from the date of injury or one year from the date you discovered — or reasonably should have discovered — the injury, whichever comes first. This double deadline in Code Civ. Proc. § 340.5 is one of the strictest in California civil law, and the shorter of the two periods usually controls.

There are narrow exceptions. The period can be extended where a foreign object with no therapeutic purpose was left in the body, or where there was fraud or intentional concealment. Claims involving minors follow separate timing rules. Because these are short, unforgiving windows, questions about whether a specific deadline has run are worth confirming early. For general context on filing windows across case types, see our overview of California filing deadlines and how long you have to file a personal injury claim.

What steps does California require before filing?

Before filing suit, a plaintiff must give the defendant at least 90 days' notice of intent to sue under Code Civ. Proc. § 364. If that notice is served in the last 90 days of the limitations period, the deadline is extended by 90 days. This notice step is unusual — most negligence claims do not require it — and missing it can create procedural problems.

Beyond notice, litigation typically involves gathering complete medical records, retaining a qualified expert to review the care, and evaluating both liability and damages. Many claims are handled on a contingency basis, though fee arrangements vary; our explainer on what a California lawyer costs describes how contingency and retainer structures generally work.

As of August 2026, California medical malpractice law requires a claim against a health care provider to be filed within three years of the injury or one year of its discovery, whichever comes first, under Code Civ. Proc. § 340.5, with a 90-day pre-suit notice under § 364. Noneconomic damages such as pain and suffering are capped by Civil Code § 3333.2 on a schedule that increases over time and differs for death versus injury cases; economic damages like medical bills and lost earnings are not capped. This describes the general statutory framework for adults in ordinary cases. It does not cover the special timing rules for minors, foreign-object or concealment exceptions, claims against government providers under separate tort-claim deadlines, or how any rule applies to a specific set of facts. Exact damage figures change over time and should be verified.

How are damages handled?

California divides damages into two categories, and they are treated very differently:

The cap on noneconomic damages appears in Civil Code § 3333.2. Legislation effective in 2023 replaced the long-standing fixed figure with amounts that increase annually on a set schedule, with separate tracks for cases involving death and cases involving injury. Because the number moves, this post does not state a figure; confirm the current amount for the year in question. Economic damages, by contrast, are not subject to this cap.

Where does the public record show who is licensed?

Every attorney admitted to practice in California appears on the public roll maintained by the State Bar of California. That record shows license status, the date of admission, the attorney's registered office, and any public record of discipline. It does not tell you who is experienced in medical malpractice, how a firm performs, or who to hire — the roll records licensure and discipline, not skill.

California Attorney Registry is an independent index of that public roll. It reproduces the official facts with sourcing, notes where each fact came from, and does not paywall public contact information. The registry issues no ratings, rankings, or scores and operates no referral service. If you want to browse attorneys by practice area, our medical malpractice directory organizes the public listings, and you can confirm any individual's standing using our guide to verifying a California attorney's license or a broader attorney record check.

This article is general legal information, not legal advice. It explains what the statutes say; it does not apply them to any particular situation. For questions about a specific injury, deadline, or provider, a consultation with a licensed attorney is the appropriate next step.

When you are ready to look up who is licensed and what the public record shows, California Attorney Registry indexes the official roll — sourced, plain, and without ratings or referrals — so you can see the facts for yourself.