California · statute of limitations

Statute of limitations for medical malpractice in California

By DocketMath TeamUpdated May 16, 20261 min read
Statute of limitations for medical malpractice in California
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Quoted from the source law itself. Not legal advice; confirm how it applies to your matter.

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California statute-of-limitations: period is 3; period is 3.

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Authority and key facts

Citation: Cal. Code Civ. Proc. § 335.1

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Verified April 23, 2026

  • Period: 3
  • Period: 3
  • Statute Of Limitations Years: 2
  • Government Notice Period Days: 180

How the limitation period applies

The controlling primary authority for US-CA medical malpractice SOL (340.5) is 340.5.

340.5. ( Chapter 3 enacted 1872. ) 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. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injure

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Sources

All sources are official primary law published by leginfo.legislature.ca.gov.

Corroboration method: government_primary_source_direct_fetch.


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