Kern County Superior Court
1415 Truxtun Ave, Bakersfield, CA 93301
Court websiteCalifornia · Medical malpractice claims: harm and next steps
Medical malpractice claims: harm and next steps in California
See If You Qualify
Free · No obligation · About 2 minutes
| Filing deadline | 1 year from discovery or 3 years from injury; 90-day notice requiredCCP § 340.5 |
|---|
Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in California?
CCP § 340.5: 3 years from injury or 1 year from discovery (or when patient reasonably should have discovered), whichever is earlier. Foreign objects exception: 1 year from discovery of the foreign body, no repose. For minors under 6, 3 years or until 8th birthday, whichever is longer. A lawyer can confirm yours.
1 year from discovery or 3 years from injury; 90-day notice required
Source: CCP § 340.5
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
Statute of Limitations: California requires medical malpractice claims to be filed within 3 years of the negligent act or 1 year from the date the plaintiff discovered — or reasonably should have discovered — the injury, whichever occurs first. A 90-day notice of intent to sue must be served on each defendant before filing (CCP § 364); if it is served within 90 days of the deadline, the time to file is extended 90 days from service. Minors have until age 8 or 3 years from the act, whichever is later.
Effective 2034, the cap adjusts annually for inflation. Economic damages (medical bills, lost wages) remain uncapped.
Pre-Suit Requirements: California does not require a certificate of merit or expert affidavit before filing. However, the 90-day notice of intent (CCP § 364) must be served; if it is served within 90 days of the deadline, the time to file is extended 90 days from service. No pre-suit screening panel is required.
Venue: Cases are filed in the Superior Court of the county where the defendant physician or hospital is located, where the negligent act occurred, or where the plaintiff resides. Most California medical malpractice actions are venued in the county where the care was rendered.
Fresno County Superior Court
1100 Van Ness Ave, Fresno, CA 93724
Court websiteLos Angeles County Superior Court — Long Beach Courthouse
415 W Ocean Blvd, Long Beach, CA 90802
Court websiteLos Angeles County Superior Court — Stanley Mosk Courthouse
111 N Hill St, Los Angeles, CA 90012
Court websiteLos Angeles County Superior Court — Personal Injury Hub
312 N Spring St, Los Angeles, CA 90012
Court websiteSacramento County Superior Court
720 9th St, Sacramento, CA 95814
Court websiteSan Diego County Superior Court — Central Division
330 W Broadway, San Diego, CA 92101
Court websiteSan Francisco County Superior Court
400 McAllister St, San Francisco, CA 94102
Court websiteSanta Clara County Superior Court
191 N First St, San Jose, CA 95113
Court websiteMedical facilities in California
UCSF Medical Center — Level I Trauma Center
Cedars-Sinai Medical Center — Level I Trauma Center
UC Davis Medical Center — Level I Trauma Center
How this works nationally
For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for California.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in California? Read what applies in your state.
Register your interest. If a participating law firm takes these cases, it may contact you.
Register your interestSources
- CCP § 340.5