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Can I sue a doctor or hospital for malpractice in California?
Yes, if the provider’s care fell below the standard of care and that caused you harm. California’s jury instruction defines the standard as the skill, knowledge and care in diagnosis and treatment that other reasonably careful practitioners would use in the same or similar circumstances (CACI No. 501).
A bad result alone is not malpractice. The claim usually has to be proven with testimony from a medical expert who reviews the records, except in rare cases a juror could judge from common knowledge, such as a sponge left inside a patient after surgery (CACI case notes to No. 501).
How long do I have to file a medical malpractice claim?
Generally one year from the date you discovered, or reasonably should have discovered, the injury, and no more than three years from the date of injury, whichever comes first (Code of Civil Procedure 340.5).
The statute lists only three grounds for going past the three-year limit: fraud, intentional concealment, or a foreign object with no therapeutic or diagnostic purpose left in the body. Other rules, such as the 90-day notice extension below, can also affect the deadline.
Children have three years from the malpractice, and a child injured before age 6 has until three years or the eighth birthday, whichever is later (CCP 340.5).
If the hospital is run by a county or another local public entity, such as Harbor-UCLA or Olive View-UCLA, a written government claim generally must be presented within six months (Government Code 911.2), and a California Court of Appeal has held that the patient must meet both the government claim deadlines and the malpractice statute of limitations (Carrillo v. County of Santa Clara, B322810 (2023)). This does not apply to UCLA’s own hospitals, which are run by the Regents of the University of California (Government Code 905.6). See our page on suing a county or UC hospital.
What is the 90-day notice of intent to sue?
Before filing a malpractice lawsuit, the patient must give the doctor or hospital at least 90 days’ written notice of the intention to sue, stating the legal basis of the claim and the injuries (CCP 364).
If the notice is served within the last 90 days before the deadline, the deadline is extended; the California Supreme Court held that it tolls the one-year period for 90 days (Woods v. Young (1991) 53 Cal.3d 315, 319).
How much is a medical malpractice case worth in California?
It depends on the injury. Economic damages, such as past and future medical bills, lost earnings and the cost of future care, are not capped. Non-economic damages, such as pain, suffering and loss of enjoyment of life, are capped by MICRA (Civil Code 3333.2).
For cases filed or arbitrations demanded on or after January 1, 2023, the cap is the amount in effect at the time of judgment, arbitration award or settlement. It started at $350,000 for injury cases and $500,000 for wrongful death, and rises each January 1 by $40,000 and $50,000 until it reaches $750,000 and $1,000,000 in 2033, then 2% a year from 2034 (Civil Code 3333.2).
One case can have up to three separate caps: one for health care providers such as doctors, one for health care institutions such as hospitals, and one for unaffiliated providers or institutions whose separate negligence happened at, or during medical transport to, an unaffiliated facility. Each defendant counts in only one category (Civil Code 3333.2).
| Year of judgment, award or settlement | Injury (per category) | Wrongful death (per category) |
|---|---|---|
| 2023 | $350,000 | $500,000 |
| 2024 | $390,000 | $550,000 |
| 2025 | $430,000 | $600,000 |
| 2026 | $470,000 | $650,000 |
| 2033 | $750,000 | $1,000,000 |
When an award includes $250,000 or more in future damages, either side can ask the court to order those future damages paid over time instead of in one lump sum (CCP 667.7). The defense may also tell the jury about health insurance and similar benefits the patient received, and those payers then cannot recover that money from the patient (Civil Code 3333.1).
Free medical malpractice case review
We listen to what happened, review the records with you and tell you plainly whether there is a case. You owe no fees or costs unless we win.
How much does a medical malpractice lawyer cost?
California caps contingency fees in malpractice cases: 25% if the case settles before a lawsuit or arbitration demand is filed, and 33% after filing. If the case goes to trial or arbitration, the lawyer can ask the court or arbitrator to approve a higher fee for good cause (Business and Professions Code 6146).
At Beverly Law the consultation is free, and you owe no fees or costs unless we win.
Can I sue Kaiser for malpractice?
Kaiser members in California generally agree when they enroll that malpractice claims will be decided by binding arbitration instead of a lawsuit (Kaiser enrollment form; Health and Safety Code 1363.1). The arbitrations are run by a neutral Office of the Independent Administrator; in 2025, cases closed in an average of 405 days and 79% closed within 18 months (OIA annual report for 2025). The same deadlines and MICRA caps apply. See our page on Kaiser malpractice claims.
What if the patient is an elderly or dependent adult?
An elder abuse claim against a health care provider that is based on professional negligence is governed by the laws that apply to malpractice claims (Welfare and Institutions Code 15657.2). Neglect in a nursing home is often handled differently; see our Los Angeles County nursing home records.
Medical malpractice cases we review
- Misdiagnosis and delayed diagnosis, including cancer, stroke, heart attack and sepsis
- Surgical errors and objects left after surgery
- Medication and anesthesia errors
- Emergency room errors and patients sent home too early
- Birth injuries, including brain injury, cerebral palsy and Erb’s palsy
- Hospital neglect: falls, bed sores and missed changes in condition
- Wrongful death after medical negligence
What to do now
- Write down dates, names and what you were told while you remember it.
- Request your medical records and keep every bill and letter.
- Do not sign anything from the hospital or its insurer before talking to a lawyer.
- Talk to a lawyer early. The one-year deadline, the 90-day notice and, for county and other local public hospitals, the six-month claim can all run out quickly.
Who handles your case
Michael Shemtoub founded Beverly Law in 2008 and has been licensed to practice law in California since 2007. He earned his law degree at UC Hastings, is admitted to practice in the U.S. District Courts for the Central and Northern Districts of California, and has tried cases to verdict. As the firm’s managing attorney, he oversees its cases.
Common questions
How long do I have to sue for medical malpractice in California?
Generally one year from when you discovered the injury, and no more than three years from the injury, whichever comes first (CCP 340.5). Claims against county and other local public hospitals usually need a government claim within six months.
What is the MICRA cap in 2026?
For a judgment, arbitration award or settlement in 2026, the cap on non-economic damages is $470,000 per category in an injury case and $650,000 per category in a wrongful death case (Civil Code 3333.2). Economic damages are not capped.
Do I have to give notice before suing a doctor?
Yes. California requires at least 90 days’ written notice of intent to sue before filing a malpractice lawsuit (CCP 364).
Can I sue Kaiser in court?
Usually not. Kaiser members generally agree to binding arbitration of malpractice claims, run by the Office of the Independent Administrator. The deadlines and MICRA caps still apply.
How much does a malpractice lawyer charge in California?
Fees are capped by law at 25% if the case settles before filing and 33% after filing (Business and Professions Code 6146). Beverly Law’s consultation is free, and you owe no fees or costs unless we win.
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Los Angeles medical malpractice lawyer — Beverly Law
If you or a loved one was harmed by medical care in Los Angeles, talk to a California medical malpractice attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Kaiser malpractice claims · Malpractice at a County or Other Public Hospital in California · Birth injury · Los Angeles County nursing home records · Los Angeles County hospital records · California Medical Malpractice Statute of Limitations
Sources
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition, No. 501
- Code of Civil Procedure 340.5 (deadline)
- Government Code 911.2 (six-month claim)
- Carrillo v. County of Santa Clara, B322810 (Cal. Ct. App. 2023), slip opinion
- Government Code 905.6 (Regents of the University of California)
- Code of Civil Procedure 364 (90-day notice)
- Woods v. Young (1991) 53 Cal.3d 315
- Civil Code 3333.2 (MICRA damages caps)
- Code of Civil Procedure 667.7 (periodic payments)
- Civil Code 3333.1 (collateral sources)
- Business and Professions Code 6146 (fee limits)
- Kaiser Permanente 2026 California enrollment form (arbitration agreement)
- Health and Safety Code 1363.1 (arbitration disclosure)
- OIA Annual Report for 2025
- Welfare and Institutions Code 15657.2
Important: This page is general information about California law, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and damage limits depend on the facts of each case; talk to a lawyer about yours. MICRA amounts are for judgments, awards and settlements in 2026. Last reviewed: November 5, 2026.