Statute of limitations for medical malpractice in California
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Published October 13, 2025 • Updated May 16, 2026 • By DocketMath Team
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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
Use the calculator
DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.
Open the Statute of Limitations calculator
Sources
All sources are official primary law published by leginfo.legislature.ca.gov.
Corroboration method: government_primary_source_direct_fetch.
