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California Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Cal. Civil Procedure Code §340.5 Three years after injury or one year after discovery, whichever is first. No more than three years after injury unless caused by fraud, intentional concealment, or foreign object. Minor under age 6: three years or before age 8, whichever is longer.

California Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

Civil Code §3333.2. $250,000 limit for noneconomic damages.

Limits on Attorney Fees

Business and Professions §6146. Sliding scale, not to exceed 40 percent of first $50,000, 33-1/3 percent of next $50,000, 25 percent of next $500,000, and 15 percent of damages exceeding $600,000.

Periodic Payments

Civil Procedure §667.7. If the award for future damages equals or exceeds $50,000, a superior court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment. Money damages awarded for loss of future earnings shall not be reduced or payments terminated by reason of the death of the judgment creditor, but shall be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately prior to his death. In such cases the court which rendered the original judgment, may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with this subdivision.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

Business & Professions Code §805 et seq. Peer review bodies

Evidence Code §1157 et seq. Confidentiality of peer review bodies