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California law (Code of Civil Procedure § 340.5) sets a strict deadline for filing a medical malpractice lawsuit. In most cases, you must file within one year of discovering the injury or three years from the date the injury occurred, whichever comes first. Missing either deadline will almost certainly prevent you from pursuing your claim.

How the deadlines work:

• 1-Year Discovery Rule: The filing period begins when you knew, or reasonably should have known, that your injury was caused by medical negligence.
• 3-Year Maximum Limit: Even if you did not discover the injury immediately, you generally cannot file more than three years after the injury occurred, except in limited situations.

Important exceptions that may extend the deadline:

• Foreign Object Left in the Body: If a surgical instrument or other foreign object was left inside your body, the three-year limit does not apply. You have one year from the date you discover the object to file a claim.
• Fraud or Concealment: If the healthcare provider intentionally concealed the malpractice, the filing deadline may be paused until the negligence is discovered.
• Children Under Age 6: Claims involving children younger than six generally must be filed before the child's eighth birthday.
• 90-Day Notice Rule: California requires a Notice of Intent to Sue to be served at least 90 days before filing a lawsuit. If the notice is served during the final 90 days before the deadline, the filing period is extended by an additional 90 days.

The Medical Injury Compensation Reform Act (MICRA) limits the amount a patient may recover for non-economic damages in a California medical malpractice case. These damages include pain and suffering, emotional distress, and loss of enjoyment of life.

Economic damages, such as medical expenses, lost wages, future earnings, and home care costs, are not subject to any cap and may be recovered in full.

What MICRA caps:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

What MICRA does NOT cap:

• Past medical expenses
• Future medical expenses
• Lost wages
• Lost earning capacity
• Home care costs

2026 Current MICRA Caps:

Note: The MICRA cap applies separately to each defendant category, including individual healthcare providers, health institutions, and unaffiliated providers at separate facilities. In cases involving multiple defendants, the available non-economic damages may effectively be increased by applying the cap separately to each eligible defendant.

Most medical malpractice attorneys work on a contingency fee basis, which means you do not pay any upfront legal fees. Your attorney is only paid if your case is successfully resolved through a settlement or court award.

Instead of charging hourly rates, the attorney's fee is typically a percentage of the amount recovered. If there is no recovery, you generally owe no attorney's fees.

Benefits of a contingency fee arrangement include:

• No upfront legal costs.
• You only pay if your case is successful.
• The attorney's fee is based on a percentage of your settlement or verdict.
• Allows injured patients to pursue justice without worrying about immediate legal expenses.

During your initial consultation, your attorney will explain how contingency fees work, what percentage may apply, and whether there are any additional case-related costs.

California medical malpractice settlements averaged approximately $310,000 in 2025. However, averages can be misleading because every case is different. The value of a claim depends on factors such as the severity of the injury, the strength of the evidence, the amount of economic damages, and the applicable MICRA non-economic damages cap.

Typical settlement ranges by case type:

Factors that can increase settlement value:

• Catastrophic or permanent injuries, such as paralysis, brain damage, or loss of organ function.
• Younger patients with significant future earning potential.
• Clear and well-documented medical negligence.
• Multiple defendants, which may allow separate MICRA caps to apply.
• Strong medical records and expert witness testimony.

Factors that may reduce settlement value:

• Shared fault by the patient, which can reduce recoverable damages under California law.
• Pre-existing medical conditions that make causation more difficult to prove.
• Minimal economic damages, since non-economic damages are subject to MICRA limits.
• Weak or conflicting expert testimony.