In California, the medical malpractice statute of limitations refers to the time limit in which a victim of medical malpractice can file a lawsuit. Missing this deadline could result in losing the right to compensation. In this article, Wilcoxen Callaham, LLP explains the statute of limitations for medical malpractice cases and what you need to know.
What is the Medical Malpractice Statute of Limitations in California?
In California, the statute of limitations under Code of Civil Procedure section 340.5 for medical malpractice is “within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury,” or within three years of the date of the injury, whichever comes first.”
Some Exceptions to the Medical Malpractice Statute of Limitations
1. Foreign‑object cases
If a surgeon unintentionally leaves a foreign object (e.g. sponge, needle) in your body, the usual 3‑year outer limit does not apply. Instead:
- You must file within one year of discovering the object, whenever that happens.
2. Fraudulent concealment / Intentional concealment
When a healthcare provider deliberately hid evidence of malpractice or misrepresented facts to prevent discovery:
- The statute is tolled until the misconduct is discovered—or reasonably should have been discovered—permitting you to still sue even after 3 years.
3. Minor plaintiffs
- If a child is under 6 when the negligence occurred, the claim must be filed within three years of the act or before the child’s 8th birthday, whichever is longer.
- If the child is 6–17, you must file within three years of the act (no extension to age 18.)
4. Delayed discovery rule
If the injury wasn’t—and reasonably couldn’t have been—discovered right away:
- The 1‑year filing clock begins upon discovery, or when it should have been discovered, even if more than three years have passed since treatment.
5. Continued treatment “tolling”
When the same healthcare provider continues treating you for the same condition:
- The statute may potentially not begin running until treatment ends – this is dependent on the circumstances of the situation.
Why it is Important to Contact Wilcoxen Callaham, LLP to get your Free Case Evaluation
The rules around the medical malpractice statutes of limitation in California can be complex. This is why the best action to take is to call Wilcoxen Callaham, LLP at (916) 442-2777 or Contact us online, so we can:
- Perform a Free Case Evaluation. We can assess the details of your specific situation to determine if you have a valid medical malpractice case and advise on the best course of action.
- Help You Navigate the Complex Legal Processes. Medical malpractice cases involve intricate legal processes and substantial documentation. Our knowledgeable attorneys can help navigate these processes, ensuring all necessary paperwork is correctly properly and filed within proper time restraints.
- Assist with Gathering Evidence. Proving medical malpractice requires substantial evidence, including medical records, expert testimonies, and documentation of damages. Our attorneys have the resources and knowledge to gather and present this evidence effectively.
- Negotiate on Your Behalf. Medical malpractice claims in California often involve negotiations with insurance companies and legal representatives of healthcare providers. Wilcoxen Callaham, LLP can handle every negotiation for you, striving to secure a fair settlement. If a settlement cannot be reached, the attorney can represent you in court.
✓ Quick overview
| Situation | Filing Deadline |
| Standard adult case | 1 year from discovery or 3 years from injury (whichever first) |
| Foreign object left behind | 1 year from discovery (no 3‑year cap) |
| Minor under 6 | Until 8th birthday or 3 years post-act (whichever longer) |
| Minor aged 6–17 | 3 years from injury |
| Fraudulent concealment | Tolling until discovery |
| Ongoing treatment | Possible tolling until treatment concludes depending on circumstances |
Frequently Asked Question:
Question: Can the statute of limitations be extended in California?
Answer: Yes, there are exceptions, including cases involving minors or fraud.
Helpful Links
How Much is Your Medical Malpractice Case Worth?
Nolo Guide to Medical Malpractice Lawsuits and the Statute of Limitations
