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Malpractice at a County or Other Public Hospital in California: The Six-Month Government Claim

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If the hospital is run by a county or a public hospital district, such as LAC+USC, Harbor-UCLA or Olive View-UCLA, you generally must present a written government claim within six months after the claim accrues (generally the same date the malpractice deadline starts) before you can sue (Government Code 911.2, 901). After the claim is rejected in writing, the lawsuit is generally due within six months of that notice. A California Court of Appeal has held that patients must meet both these deadlines and the regular malpractice deadlines. UCLA’s own hospitals, run by the UC Regents, do not need this claim (Government Code 905.6). Talk to a lawyer right away.

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Which hospitals are public?

In Los Angeles County, the county Department of Health Services runs LAC+USC Medical Center, Harbor-UCLA Medical Center, Olive View-UCLA Medical Center and Rancho Los Amigos National Rehabilitation Center. The six-month claim applies to these county hospitals and to other local public hospitals. Many private hospitals have similar names, so check who operates the hospital before assuming which rules apply.

UCLA’s own hospitals are different. Ronald Reagan UCLA Medical Center, UCLA Santa Monica Medical Center and UCLA West Valley Medical Center are run by the Regents of the University of California, and the Government Claims Act’s claim-presentation rules, including the six-month claim, do not apply to claims against the Regents (Government Code 905.6). For those hospitals, the regular malpractice deadlines in CCP 340.5 apply, along with the 90-day notice of intent (CCP 364). Harbor-UCLA and Olive View-UCLA are county hospitals, so the six-month claim does apply to them.

The six-month government claim

A written claim for personal injury against a public entity generally must be presented within six months after the cause of action accrues (Government Code 911.2). The claim accrues on the same date the malpractice claim would accrue under the regular statute of limitations (Government Code 901).

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If you missed the six months

You can apply for leave to present a late claim, but the application must be made within a reasonable time and no later than one year after the claim accrued (Government Code 911.4).

Filing the lawsuit

After the public entity gives written notice rejecting the claim, the lawsuit generally must be filed within six months of that notice; if no proper notice is given, the limit is two years from accrual (Government Code 945.6). The patient must also meet the malpractice deadlines in CCP 340.5, including the one-year discovery rule (Carrillo v. County of Santa Clara, B322810 (2023)), and give the 90-day notice of intent (CCP 364).

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 file a claim against a county hospital in California?

Generally six months from when the claim accrues (Government Code 911.2). A late-claim application may be possible within one year (Government Code 911.4).

Is UCLA Medical Center a public hospital?

Ronald Reagan UCLA Medical Center, UCLA Santa Monica Medical Center and UCLA West Valley Medical Center are run by the Regents of the University of California. Government Code 905.6 says the government claim rules, including the six-month claim, do not apply to claims against the Regents, so the regular malpractice deadlines in CCP 340.5 apply. Harbor-UCLA and Olive View-UCLA are county hospitals, and the six-month claim does apply to them.

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Related pages

Los Angeles medical malpractice lawyer · Kaiser malpractice claims · Birth injury · Los Angeles County hospital records · California Medical Malpractice Statute of Limitations

Sources

  1. Government Code 905.6 (Regents of the University of California)
  2. Code of Civil Procedure 340.5 (deadline)
  3. Code of Civil Procedure 364 (90-day notice)
  4. Government Code 911.2 (six-month claim)
  5. Government Code 901
  6. Government Code 911.4 (late claim)
  7. Government Code 945.6 (lawsuit after rejection)
  8. Carrillo v. County of Santa Clara, B322810 (Cal. Ct. App. 2023), slip opinion

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.

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