Statute of limitations for medical malpractice in California

California's MICRA framework caps medical malpractice limitations at one year from discovery or three years from injury, whichever is shorter. Minors under six get an extended period until their eighth birthday.

SoL period

1 year

From the date the cause of action accrues

Compute your deadline

Filing deadline

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Where this rule comes from

Statute

Cal. Code Civ. Proc. § 340.5

"In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first."

Read the full statute Last verified May 7, 2026 by Juryvine Editorial

What can extend or pause this clock

Discovery rule. Three-year outer limit from injury OR one year from discovery, whichever is sooner.

Minority tolling. Special rules for minors under § 340.5: action must be filed within three years from the date of the wrongful act, except when minor is under age six, in which case the period is three years or until the child's eighth birthday, whichever provides a longer period.

Frequently asked

What is the statute of limitations for medical malpractice in California?: 1 year from the date the cause of action accrues. Authority: Cal. Code Civ. Proc. § 340.5.
What if the injury wasn't immediately apparent?: Three-year outer limit from injury OR one year from discovery, whichever is sooner.
What if the plaintiff was a minor?: Special rules for minors under § 340.5: action must be filed within three years from the date of the wrongful act, except when minor is under age six, in which case the period is three years or until the child's eighth birthday, whichever provides a longer period.

Medical Malpractice statute by state

Florida 2 years Illinois 2 years New York 2 years 6 months Pennsylvania 2 years Texas 2 years

Other California statutes of limitations

Personal Injury 2 years Wrongful Death 2 years Breach of Written Contract 4 years Breach of Oral Contract 2 years Fraud 3 years Wrongful Termination 2 years Civil Rights — 42 U.S.C. § 1983 2 years Premises Liability 2 years

Not legal advice. Statutes of limitations are governed by complex doctrine with many exceptions. Use this page as a starting point and verify with an attorney before relying on any deadline. Juryvine is not a law firm and does not represent clients.