California Medical Malpractice Statute of Limitations: CCP § 340.5 and the MICRA Framework
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
An action against a health care provider for injury or death based on professional negligence must be brought within three years after the date of injury or one year after the plaintiff discovers, or should have discovered, the injury, whichever occurs first.
A plaintiff must also generally serve 90 days' notice of intent to sue under Code of Civil Procedure section 364 before filing.
Source: California Code of Civil Procedure sections 340.5 and 364 (as of August 31, 2026).
What the statute says
Code of Civil Procedure section 340.5, part of the Medical Injury Compensation Reform Act (MICRA), governs claims for “injury or death against a health care provider based upon such person's alleged professional negligence.” It sets two limbs that run in parallel, and the claim is time-barred when the first of them expires:
| Limb | Period | Trigger |
|---|---|---|
| Outer limit | 3 years | The date of injury |
| Discovery limit | 1 year | When the plaintiff discovered, or through reasonable diligence should have discovered, the injury |
When the clock starts
“Injury” for the three-year limb refers to the damaging effect of the alleged negligence, not merely the negligent act; California case law addresses when that effect is “manifest.” Section 340.5 applies only to professional negligence by a health care provider as defined in the statute — ordinary negligence claims against a provider that are unrelated to the rendering of professional services may fall under Code of Civil Procedure section 335.1 instead.
The one-year limb starts on discovery of the injury — the plaintiff's suspicion of wrongdoing, or of facts that would put a reasonable person on inquiry notice, can start it. The three-year limb starts on the date of injury and functions as an outer boundary that, by the statute's terms, is tolled only for: (1) proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body with no therapeutic or diagnostic purpose. Ordinary tolling doctrines do not extend the three-year limb.
Key exceptions and tolling
- Section 364 notice and the 90-day extension.Section 364 requires at least 90 days' pre-suit notice to the provider. Under section 364(d), if the notice is served within 90 days of the expiration of the limitations period, the time to file is extended 90 days from service of the notice.
- Minors.Section 340.5 provides that for a plaintiff under the age of six, the action must be commenced within three years or before the plaintiff's eighth birthday, whichever provides a longer period. For minors six and older, the general three-year / one-year structure applies. Tolling for minority does not otherwise apply under the statute.
- Fraud, concealment, foreign body.These are the only three grounds that toll the three-year outer limit, and the plaintiff bears the burden of proof.
- Public hospitals and providers.A claim against a public entity health care provider generally also requires a Government Code section 911.2 administrative claim before suit; the government-claim deadline can be the practical bar.
- Wrongful death.Courts have applied section 340.5 to wrongful death actions arising from professional negligence, with accrual measured from the death; analyze the interaction with heirs' knowledge on the facts.
Frequently asked
What is the statute of limitations for medical malpractice in California?
Three years from the date of injury or one year from discovery of the injury, whichever comes first, under Code of Civil Procedure section 340.5, plus the section 364 pre-suit notice requirement. The three-year limb is tolled only for fraud, intentional concealment, or a non-therapeutic foreign body. General information, not legal advice.
Do you have to give notice before filing a medical malpractice suit in California?
Generally yes — at least 90 days' notice of intent to sue under section 364. If that notice is served in the last 90 days of the limitations period, section 364(d) extends the filing deadline by 90 days. Verify current requirements before relying on the extension.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Code of Civil Procedure sections 340.5 and 364 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.