California Medical Malpractice Quick FAQ

What is medical malpractice in California? 

Medical malpractice is when a doctor, nurse, or hospital fails to act as a reasonably prudent health care professional and causes injury to a patient. 

How long do I have to file a malpractice lawsuit in California? 

You generally have 1 year from discovery of the injury or 3 years from the malpractice, whichever comes first.  The time limit to file a lawsuit can vary depending on the facts of the case, the age of the injured patient and the type of facility that provided the care. You should consult with an attorney to determine the precise limitation that will apply to your case (See: California Code of Civil Procedure § 340.5). 

Is there a cap on damages in California? 

Yes and no. There are no caps on economic damages.  For instance, the loss of wages and the cost of medical care are types of economic damages that are not capped. However non-economic damages “pain and suffering” is capped under the Medical Insurance Compensation Reform Act (MICRA).  The caps for pain and suffering started at $350,000 in 2023 and increase $40,000 per year to $750,000 by 2033.  The caps for wrongful death damages started at $500,000 in 2023 and increase $50,000 per year to $1,000,000 in 2033.   

Who can be sued for malpractice? 

Doctors, nurses, hospitals, pharmacists, anesthesiologists, and other licensed healthcare professionals may be sued for medical malpractice.   

How much does a malpractice lawyer cost in California? 

Most attorneys charge no upfront fees and work on contingency, meaning they only get paid if you win.  

How long does a malpractice case take? 

The typical time to resolve a medical malpractice case can depend on several factors like the type of case and what county the case is filed.  Cases can take approximately a year and a half to two years to resolve.  Some cases are entitled to preference trial setting and can potentially resolve sooner.   

What should I do if I suspect malpractice? 

Get medical care, collect your records, write down details, and contact an experienced malpractice attorney quickly.