California Medical Malpractice Attorneys

At DearLegal, we connect you with experienced California medical malpractice attorneys who understand MICRA, the AB 35 cap increases, the 90-day Notice of Intent requirement under CCP § 364, and the unique procedural traps of California med-mal practice. Whether your injury happened at UCSF, Cedars-Sinai, Kaiser Permanente, Sharp, or a community clinic, we’ll match you with the right attorney at no cost to get started.

Under CCP § 340.5, the SOL is the earlier of: (1) 3 years from the date of injury, or (2) 1 year from the date the injury was or should have been discovered. There are limited exceptions for foreign objects, fraudulent concealment, and minors. Claims against public providers require a 6-month government claim under Gov. Code § 911.2. The CCP § 364 Notice of Intent tolls the SOL by up to 90 days in some circumstances.

MICRA (Civ. Code § 3333.2) historically capped non-economic damages at $250,000 in California med-mal cases. AB 35 replaced the flat cap with a phased increase starting January 1, 2023. As of January 2026, the cap is roughly $430,000 for personal-injury cases and $600,000 for wrongful death, with annual increases through 2033 to $750,000 / $1,000,000, followed by 2% annual inflation adjustments. Up to three separate caps can apply in multi-defendant or multi-category cases. Economic damages remain uncapped.

CCP § 364 requires the plaintiff to give each defendant 90 days’ written notice before filing suit. The notice must describe the injury and the legal theory. If served within 90 days of the SOL, the SOL is tolled for 90 days. Failure to comply is not jurisdictional but can subject counsel to State Bar discipline.

Kaiser Permanente member agreements require binding arbitration under CCP § 1295. Kaiser med-mal claims proceed before a neutral arbitrator (not a jury) under a separate procedural framework. MICRA and the AB 35 cap still apply, but discovery, hearings, and decisions follow arbitration rules.

Surgical errors, missed or delayed cancer diagnosis, birth injuries, medication errors, anesthesia errors, hospital-acquired infections, ER malpractice, radiology errors, OB/GYN errors, and nursing home neglect. The case must show standard of care, breach, causation, and damages, all proven by qualifying expert testimony.

Most cases take 24–48 months. Catastrophic-injury cases (birth injury, paralysis, wrongful death) routinely take 3–5 years given expert work, depositions, and motion practice. Kaiser arbitration cases often resolve faster than civil filings.

Under Bus. & Prof. Code § 6146, attorney fees in MICRA cases are capped on a sliding scale (40% of the first $50,000, 33-1/3% of the next $50,000, 25% of the next $500,000, and 15% of anything over $600,000). For non-MICRA portions, typical contingency is 33-40%. Costs are advanced by the firm.

Why Do You Need a Medical Malpractice Attorney in California?

California medical malpractice cases are governed by MICRA (Medical Injury Compensation Reform Act). For decades MICRA capped non-economic damages at $250,000 — but AB 35 (effective January 1, 2023) replaced that with a phased increase: as of January 2026 the cap is approximately $430,000 for non-death claims and $600,000 for wrongful death, rising to $750,000 / $1,000,000 by 2033 with annual 2% inflation after. Multiple categories can apply when multiple defendants or claims are at issue. California also requires a 90-day Notice of Intent under CCP § 364 before filing, and the SOL under CCP § 340.5 is 1 year from discovery / 3 years from injury (whichever is earlier).

When Do You Need a Medical Malpractice Attorney in California?

Our network includes California medical malpractice attorneys who handle every kind of case, including:

Types of Medical Malpractice Cases in California

From the moment you connect with a California medical malpractice attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 1-year-from-discovery SOL under CCP § 340.5 — much shorter than the general 2-year personal-injury rule

Failing to serve a compliant 90-day Notice of Intent under CCP § 364 before filing

Missing the 6-month government-claim deadline under Gov. Code § 911.2 for public-provider cases

Not realizing your Kaiser care agreement requires binding arbitration under CCP § 1295

Talking to hospital risk management or the provider’s insurer without legal counsel

Settling without analyzing how AB 35’s phased MICRA cap and multi-cap structure apply to the case

Missing the 1-year-from-discovery SOL under CCP § 340.5 — much shorter than the general 2-year personal-injury rule

Failing to serve a compliant 90-day Notice of Intent under CCP § 364 before filing

Missing the 6-month government-claim deadline under Gov. Code § 911.2 for public-provider cases

Not realizing your Kaiser care agreement requires binding arbitration under CCP § 1295

Talking to hospital risk management or the provider’s insurer without legal counsel

Settling without analyzing how AB 35’s phased MICRA cap and multi-cap structure apply to the case

Common California Medical Malpractice Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do California Medical Malpractice Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Medical malpractice attorney fees in California are capped on a sliding scale under Bus. & Prof. Code § 6146 — 40% of the first $50,000, 33-1/3% of the next $50,000, 25% of the next $500,000, and 15% of anything over $600,000. Case costs are advanced by the firm and deducted from the recovery only if the case wins.

What Can Your California Medical Malpractice Compensation Include?

Economic Damages (No Cap)

Past and future medical bills, lost wages, lost earning capacity, life-care plans, rehabilitation costs — uncapped under MICRA.

Non-Economic Damages (MICRA Cap)

Personal injury: ~$430,000 (2026), rising to $750,000 by 2033. Wrongful death: ~$600,000 (2026), rising to $1,000,000 by 2033. Multiple caps may apply in multi-defendant/category cases (Civ. Code § 3333.2).

Punitive Damages

Available under Civ. Code § 3294 for malicious, fraudulent, or oppressive conduct. CCP § 425.13 requires court permission before pleading punitives against health-care providers.

Wrongful Death

CCP § 377.60 et seq. compensates surviving spouse, children, and dependents for funeral expenses, lost support, and loss of consortium. MICRA cap applies to non-economic portion.

Elder Abuse Remedies

California Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code § 15600 et seq.) provides enhanced remedies including attorney fees and pre-death pain-and-suffering damages.

Future Care Costs

Life-care plans for catastrophic injuries are uncapped and typically the largest single component of recovery — economist and physiatrist testimony required.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

California Medical Malpractice Attorneys

Why Do You Need a Medical Malpractice Attorney in California?

When Do You Need a Medical Malpractice Attorney in California?

Types of Medical Malpractice Cases in California

Common California Medical Malpractice Mistakes

How Much Do California Medical Malpractice Attorneys Cost?

What Can Your California Medical Malpractice Compensation Include?

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