Medical Malpractice:


State: California

Link to State Law: California Code

The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to California state law, contact an experienced attorney.

Statute of Limitations: 3 years following the cause of the injury or one year following the discovery, whichever occurs earlier. (§340.5)

Minimum Qualifications of Expert Witnesses: Education and training must be relevant to evaluate the specifics of the claim and case for medical malpractice witnesses. (§2220.08)

Limitations on Monetary Damages: $250,000 for non-economic medical malpractice damages. (§3333.2)

Limitations on Attorney Fees: Limits are applied on a sliding scale. They may not exceed 40% of the first $50,000, 33 1/3% of the next $50,000, 25% of the next $50,000, or 15% of damages exceeding $600,000. (§6146)