Medical malpractice in California
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A California fact pattern
A delayed cauda equina diagnosis in Oakland. MICRA damages caps and a short discovery clock (generally one year from discovery, three from injury) dominate strategy. Expert testimony is not optional.
Statute of limitations
1 years
Cal. Civ. Proc. Code § 340.5
One year from discovery; three years from injury as outer limit.
Repose: 3 years.
- Fraud, intentional concealment, or foreign body in the body may extend.