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This page provides general legal information about medical malpractice claims in California. It does not provide legal advice. Consult a licensed California attorney for guidance specific to your situation.
Medical Malpractice Under California Law
California medical malpractice claims are governed by the Medical Injury Compensation Reform Act (MICRA), which caps non-economic damages at $470,000 for personal injury and $650,000 for wrongful death in 2026. The statute of limitations under CCP Section 340.5 is one year from discovery or three years from the act, whichever is earlier. Mandatory 90-day notice to the defendant under CCP Section 364 is a prerequisite to filing suit.
California personal injury law provides a robust framework for medical malpractice victims. The governing legal standard depends on the type of injury: vehicle accidents proceed under negligence (with Vehicle Code violations establishing negligence per se); premises liability proceeds under the Rowland v. Christian (1968) duty of care; product liability proceeds under Greenman v. Yuba Power Products (1963) strict liability; and medical malpractice proceeds under MICRA's professional negligence standard with its specific damage caps and shorter statute of limitations.
California's pure comparative fault system from Li v. Yellow Cab Co. (1975) allows medical malpractice victims to recover damages even if they were partly at fault. Recovery is reduced proportionally by the victim's fault percentage but not eliminated. California imposes no cap on economic or non-economic damages in non-malpractice personal injury cases.
Who Is Liable After a Medical Malpractice
Liability in medical malpractice cases depends on the specific facts and the legal theory governing the injury type. For vehicle accidents: the at-fault driver and their employer (if driving for work). For premises liability: the property owner, lessee, or other party who controlled the property. For product liability: the manufacturer, distributor, and retailer in the entire distribution chain. For medical malpractice: the licensed healthcare provider and potentially the healthcare facility. For workplace accidents: the employer's workers' compensation insurer (exclusive remedy against the employer) and third-party defendants whose negligence contributed.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
Damages Available After a Medical Malpractice
California medical malpractice victims can recover: all past and future medical expenses (no cap); lost wages and lost earning capacity; property damage; non-economic damages (pain, suffering, emotional distress, disfigurement, loss of enjoyment of life) — uncapped in non-malpractice personal injury cases; and punitive damages under Civil Code Section 3294 when the defendant's conduct constitutes malice, oppression, or fraud. Medical malpractice non-economic damages are capped by MICRA at $470,000 (personal injury) and $650,000 (wrongful death) in 2026.
Statute of Limitations for Medical Malpractice Claims in California
Two years from the date of injury under CCP Section 335.1 for most medical malpractice claims. Medical malpractice: one year from discovery or three years from the act (CCP Section 340.5). Government entity claims: six-month administrative claim under Government Code Section 945.4. Minor victims: tolled until age 18 under CCP Section 352. Missing any applicable deadline permanently bars the claim.
Critical Evidence in Medical Malpractice Cases
- Medical records from the date of injury — Create a contemporaneous medical record tying injuries to the incident; seek care the same day if possible
- Incident or police report — Official documentation of the event, the parties, and any witnesses
- Photographs — The scene, injuries, defective condition, or damaged product at the earliest possible opportunity
- Witness information — Names and contact information for all persons who saw the incident
- Insurance information — All potentially applicable policies from all potentially liable parties
- Prior incident records — Prior complaints, citations, inspections, or product recalls that establish the defendant's prior notice of the hazard
- Employment and wage records — Documentation of lost income from the date of injury forward
Frequently Asked Questions — Medical Malpractice
What is MICRA and how does it affect my medical malpractice case?
MICRA, the Medical Injury Compensation Reform Act, caps non-economic damages (pain and suffering, emotional distress) at $470,000 for personal injury and $650,000 for wrongful death in 2026. These caps increase annually. Economic damages (medical expenses, lost wages) are not capped. MICRA applies to all professional negligence claims against healthcare providers in California.
What is the statute of limitations for medical malpractice in California?
California Code of Civil Procedure Section 340.5 provides one year from the date the plaintiff discovered or should have discovered the injury and its cause, or three years from the date of injury, whichever is earlier. Unlike the general two-year personal injury period, medical malpractice has its own shorter timeline. Mandatory 90-day notice to the defendant under CCP Section 364 is required before filing suit.
Do I need an expert witness to prove medical malpractice?
Yes. California Evidence Code Section 720 and case law require expert medical testimony to establish the standard of care, the breach of that standard, and causation in medical malpractice cases. A qualified medical expert in the same or similar specialty as the defendant must testify that the defendant's conduct fell below the applicable standard of care.
What must I prove in a California medical malpractice case?
You must prove: (1) the defendant owed you a duty of care as a healthcare provider; (2) the defendant breached the applicable standard of care (what a reasonably competent practitioner would do in similar circumstances); (3) the breach caused your injury; and (4) you suffered damages as a result. Causation is frequently the most contested element.
Does MICRA apply to all healthcare providers?
MICRA applies to licensed healthcare providers including physicians, surgeons, nurses, dentists, hospitals, and HMOs. It does not apply to non-healthcare professional negligence claims (e.g., a hospital's general premises liability for a patient who slips in a hallway — not related to medical care). The application of MICRA is sometimes contested when the negligence is not clearly related to professional healthcare services.
How long do I have to give notice before filing a medical malpractice lawsuit?
California Code of Civil Procedure Section 364 requires 90 days' written notice of intent to sue to each defendant before filing a medical malpractice lawsuit. This notice tolls the statute of limitations during the 90-day period. Failure to provide the 90-day notice does not automatically bar the lawsuit but may expose the plaintiff to sanctions.
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