California Medical Malpractice Lawyer
California medical malpractice law imposes strict damage caps and a short statute of limitations. Quick action is essential for pursuing California malpractice claims.
Medical Malpractice Law in California
California medical malpractice law is governed by specific statutes including the California Medical Injury Compensation Reform Act (MICRA). California law allows damages for medical malpractice when healthcare providers deviate from the standard of care and cause patient injury.
California has strict damage caps and procedural requirements that significantly impact malpractice claims.
Statute of Limitations
In California, the statute of limitations for medical malpractice is 1 year from discovery of injury or 3 years from the date of injury, whichever is shorter. This is a strict deadline that bars claims filed after this period.
The strict deadline is among the shortest in the nation, requiring prompt action.
MICRA Damage Caps
California imposes strict damage caps under MICRA. Non-economic damages (pain and suffering) are capped at $250,000 regardless of injury severity. This cap has not been increased since 1975.
Economic damages (medical expenses, lost wages) are not capped and are fully recoverable.
Certificate of Merit and Expert Reports
California requires that malpractice complaints be accompanied by an expert declaration supporting the claim. The expert must be a licensed healthcare provider with expertise in the relevant field.
California also requires mandatory arbitration or mediation before trial in many cases.
How to Pursue a Claim
California malpractice claims are subject to the strict 1-3 year statute of limitations, making immediate action essential. Claims typically proceed through pre-litigation settlement negotiations.
Contact an experienced California medical malpractice attorney immediately if you believe you have a claim.
The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this page or submitting a contact form.