When a baby is hurt during pregnancy, labor or delivery, parents are not thinking about court deadlines. They are thinking about the NICU and the next appointment. But California sets firm time limits on medical malpractice cases, and some are much shorter than families expect.
This page explains the deadlines that matter most in a birth-injury case: the general rule under Code of Civil Procedure § 340.5, the special rule for a child, the six-month government claim for county and UC hospitals, and the 90-day notice required before any lawsuit.
Was your baby hurt during delivery?
Tell us your name and phone. We call you back today, in English or Spanish, and the consultation is free.
Free consultation · English y Español · No fee unless we win
The general rule for adults
Under Code of Civil Procedure § 340.5, a lawsuit against a health care provider for professional negligence must be filed within three years of the date of injury, or within one year of the date the patient discovered, or reasonably should have discovered, the injury, whichever comes first. The one-year clock starts as soon as you know, or should know, that something went wrong and that the care you received may be the cause.
The three-year outer limit is strict. The statute pauses it only for proof of fraud, intentional concealment, or a foreign object left inside the patient’s body with no therapeutic or diagnostic purpose. Outside those exceptions, the three years run no matter what.
This matters here because parents often have claims of their own: a mother injured by a delayed C-section or an untreated hemorrhage, or a parent who witnessed a traumatic delivery. Those adult claims follow the adult rule, and the one-year discovery clock is the deadline to watch.
The rule for a child’s case
The same statute gives children a different and longer deadline. Code of Civil Procedure § 340.5 says that actions by a minor “shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period.”
Read that slowly, because it is the heart of a birth-injury case. A baby is, by definition, under six when the wrongful act happens. Three years from birth would end at age three; the eighth birthday is later, so it wins. For most children injured at birth in California, the lawsuit must be filed before the child turns eight.
Three details matter. First, the child’s clock runs from the wrongful act itself, not from the day a doctor finally diagnoses cerebral palsy or a developmental delay; a late diagnosis does not restart the deadline. Second, the statute pauses the child’s clock only for fraud or collusion between a parent or guardian and the provider or its insurer, which is rare. Third, if the act happened when the child was six or seven, the rule is three years from the act. And, as the next section explains, a public hospital shortens everything dramatically.
- Child under 6 at the time of the act: file by the 8th birthday (or within 3 years, if that is longer).
- Child 6 or older at the time of the act: file within 3 years of the act.
- Public hospital: a 6-month government claim comes first, no matter the child’s age.
When the hospital is public: the 6-month claim
A large share of California births happen at county or University of California hospitals: LAC+USC, Harbor-UCLA, Olive View-UCLA, Riverside University Health System, Arrowhead Regional, UC Irvine, UC San Diego, UC Davis and UCLA, among others. These are public entities, and so are many county prenatal clinics.
When the defendant is a public entity, the Government Claims Act adds a step before any lawsuit. Under Government Code § 911.2, a claim for death or injury to a person must be presented to the public entity not later than six months after the cause of action accrues, which in a birth-injury case usually means six months from the delivery or the negligent act. The claim is a written document filed with the entity itself, not with a court.
If the entity rejects the claim in writing, Government Code § 945.6 requires the lawsuit to be filed within six months of the date that notice is delivered or mailed; if no written rejection is ever sent, the deadline is two years from accrual. The deadline in Code of Civil Procedure § 340.5 still applies on top of these rules.
The child’s eighth-birthday rule does not excuse the six-month claim. If it is missed, Government Code § 911.4 allows an application to present a late claim within one year of accrual, and time during which the injured person was a minor is counted. Government Code § 911.6 requires the entity to grant that application when the injured person was a minor during the entire six-month period, a real safety valve for children. But it is narrow, it lasts only a year, and no family should rely on it.
The 90-day notice
California also requires a warning before a malpractice suit. Under Code of Civil Procedure § 364, no action based on a health care provider’s professional negligence may be filed unless the defendant received at least 90 days’ prior notice of the intention to sue. No particular form is required, but the notice must state the legal basis of the claim, the type of loss and the nature of the injuries with specificity.
Under § 364(d), if the notice is served within 90 days of the end of the limitations period, the time to file is extended 90 days from the date of service. That extension keeps the notice requirement from cutting off a valid case.
In a birth-injury case the notice typically goes to every provider who may share responsibility: the obstetrician, the nurses’ employer, the anesthesiologist, the neonatologist and the hospital. Identifying all of them requires the complete medical record, another reason to begin early.
Why acting early protects the evidence
Deadlines are only part of the reason to move quickly. Birth-injury cases are won or lost on evidence that fades.
There is also a practical reason. Children with hypoxic-ischemic encephalopathy, cerebral palsy or Erb’s palsy often need therapy, equipment and specialized care right away, and a case that starts early can be resolved while that care makes the biggest difference.
- Fetal heart monitoring strips and electronic records can be overwritten, archived or lost as hospital systems change.
- Nurses and residents rotate, move to other hospitals or leave medicine; memories of one delivery blur after a year.
- Placental pathology, cord blood gases and newborn imaging are easiest to obtain and interpret when requested soon after birth.
- Early expert review tells a family whether a case exists at all, so no one waits years for an answer.
How Beverly Law helps
Beverly Law reviews birth-injury cases for families across Los Angeles and California, in English and Spanish. The first step is a free consultation. We listen to what happened, identify who provided care, and calculate every deadline that may apply, including the six-month claim if the hospital is public. Then we request the complete medical records, including monitoring strips, and have them reviewed by qualified medical experts.
If a case exists, we serve the notice required by Code of Civil Procedure § 364, present any government claim on time, and file suit within the limits of § 340.5. You pay no fee unless we win, and under Business and Professions Code § 6146 the attorney fee in a medical malpractice case is limited by law. Call 1 (877) 427-2752 to talk with our team today.
Free birth-injury case review
We review the delivery records with medical experts and tell you honestly whether there is a case. You pay nothing unless we win.
Questions parents ask
My child was hurt at birth. What is the deadline to sue in California?
Under Code of Civil Procedure § 340.5, a minor must file within three years of the wrongful act, but a child under six at the time has until the eighth birthday if that is longer. For a baby injured during delivery, the eighth birthday is usually the deadline. If the hospital is public, a six-month government claim comes first.
Does the deadline start when we found out about the injury?
Not for the child’s claim. The statute measures a minor’s time from the date of the wrongful act, not from discovery. A diagnosis of cerebral palsy at age three does not restart the clock. Adults do get a one-year discovery rule under § 340.5, but only within a three-year outer limit.
We delivered at a county hospital. Is the deadline really six months?
Yes. Under Government Code § 911.2, a claim for injury or death against a public entity must be presented within six months of accrual. Hospitals such as LAC+USC, Harbor-UCLA and the UC medical centers are public entities. A late-claim application is possible within one year under § 911.4, but it is a limited remedy.
What is the 90-day notice?
Code of Civil Procedure § 364 requires at least 90 days’ written notice to a health care provider before a malpractice suit is filed. The notice must explain the legal basis, the type of loss and the specific injuries. If it is served in the last 90 days before the deadline, § 364(d) extends the deadline 90 days from service.
Can the deadline be paused for my child?
Only in narrow situations. Section 340.5 tolls a minor’s deadline when a parent or guardian and the provider or its insurer committed fraud or collusion in failing to bring the case. Ordinary delay, not knowing the law, or waiting for a diagnosis does not pause the clock.
Do parents have their own deadline?
Yes. A mother’s own injuries and a parent’s emotional-distress claim follow the adult rule under § 340.5: three years from injury or one year from discovery, whichever comes first. That is far shorter than the child’s eighth birthday, so parents’ claims often need to be filed first.
What if my child is already seven?
There may still be time, but very little. If the child was under six when the negligence happened, the case must be filed before the eighth birthday. The 90-day notice under § 364 and, for public hospitals, the claim process both take time. Contact a lawyer immediately.
Is the consultation free?
Yes. Beverly Law offers a free consultation in English and Spanish, and there is no fee unless we win. Attorney fees in California medical malpractice cases are limited by Business and Professions Code § 6146, so the percentages are set by law and explained before you sign.
Ask a question
Not ready to call? Write your question and a member of our team answers you — no cost, no commitment.
How long do you have to file a birth injury case in California? — Beverly Law
Free case review for families in California. We obtain the delivery records, have them reviewed by medical experts and deal with the hospital and its insurer — you focus on your child. You pay nothing unless we win.
Related pages
Cerebral Palsy · Erb’s Palsy / Brachial Plexus Injury · HIE / Oxygen Deprivation at Birth · MICRA Damages Cap · California birth injury lawyers
Cities we serve
Los Angeles · Orange County · San Diego · Riverside · San Bernardino
Sources
Important: This page is general information about birth injuries and California law, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Every case is different — talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. No fee unless we win. Last reviewed: 2026-09-18.