Health & Medical in California

Under Cal. CCP § 340.5, California provides three years from the date of injury or one year from discovery (whichever is sooner) for medical malpractice claims. California also requires 90 days' advance written notice to the provider before filing under CCP § 364, which can toll the limitations period during the notice window.

California's MICRA law (amended by AB 35) caps non-economic damages — pain, suffering, emotional distress — at $350,000 for non-death malpractice cases (rising to $750,000 by 2033). For wrongful death malpractice, the cap is $500,000 (rising to $1,000,000 by 2033). Medical bills, lost wages, and other economic damages are not capped under MICRA.

Yes. California CCP § 364 requires plaintiffs to serve written notice of intent to file a malpractice action at least 90 days before filing. This notice period is intended to encourage settlement without litigation. Importantly, if the 90 days would extend past the SOL deadline, the limitations period is tolled during that window.

You may file a complaint online at mbc.ca.gov or by calling the Board's consumer line. The Medical Board investigates allegations of negligence, unprofessional conduct, drug impairment, and license fraud. Disciplinary proceedings are separate from civil litigation and do not provide financial compensation.

California's MICRA law limits the contingency fees that plaintiff attorneys may charge in medical malpractice cases. The sliding scale is: 40% of the first $50,000 recovered, 33.33% of the next $50,000, 25% of the next $500,000, and 15% of any amount over $600,000. This declining scale can affect the economics of bringing a malpractice case, particularly for claims with lower expected recoveries. Some attorneys may decline cases that fall below certain value thresholds due to the fee limitations combined with the high cost of medical expert witnesses required in malpractice litigation.

Yes. California allows malpractice claims against hospitals, clinics, and other health care facilities in addition to individual physicians. Hospitals may be liable under theories of direct corporate negligence (such as negligent credentialing or inadequate staffing) or vicarious liability for the actions of their employees. However, the MICRA non-economic damage cap applies per case rather than per defendant, so adding defendants does not typically increase the available non-economic recovery. Economic damages such as medical bills, lost earnings, and future care costs remain uncapped regardless of the number of defendants.