In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following:
§ 340.5.Health Care Provider's Professional Negligence
Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Last amended 1975 · Last verified July 28, 2026
In one sentenceSection 340.5 gives a health care malpractice plaintiff three years after the injury or one year after discovering it, whichever comes first, subject to tolling for fraud, intentional concealment, or a non-therapeutic foreign body left in the patient, with distinct rules for minors.
Full Text of § 340.5
(1) upon proof of fraud,
(2) intentional concealment, or
(3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant's insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence. For the purposes of this section:
(1) "Health care provider" means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. "Health care provider" includes the legal representatives of a health care provider;
(2) "Professional negligence" means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.
Plain-English Summary
Section 340.5 is California’s medical malpractice statute of limitations, and its two clocks work together rather than as alternatives a plaintiff can pick between: the action must be filed within three years after the date of injury or within one year after the plaintiff discovers, or through reasonable diligence should have discovered, the injury — whichever period expires first. In practice, that means the one-year discovery clock is usually the operative deadline, since discovery ordinarily happens well before three years pass, but the three-year outer limit still cuts off claims where discovery is delayed.
The three-year outer limit doesn’t apply, however, if the plaintiff proves fraud, intentional concealment, or the presence of a foreign body with no therapeutic or diagnostic purpose left in the patient — any of those tolls the three-year cap.
Minors get a separate rule: an action must generally be brought within three years of the alleged wrongful act, except a minor under the full age of six gets whichever is longer of three years or until the child’s eighth birthday. That period is further tolled for any time during which a parent or guardian and the defendant’s insurer or health care provider committed fraud or collusion to keep the minor’s claim from being brought.
“Health care provider” and “professional negligence” are both defined terms under the section, covering licensed practitioners and licensed facilities, and limiting the claim to a negligent act or omission within the scope of the provider’s license.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in California?
Three years after the date of injury or one year after discovering it, whichever occurs first, under § 340.5 — with the one-year discovery clock usually being the operative deadline.
Can the three-year outer limit in § 340.5 ever be extended?
Yes, if the plaintiff proves fraud, intentional concealment, or a non-therapeutic foreign body left in the patient’s body — any of those tolls the three-year cap.
What is the medical malpractice deadline for a minor patient in California?
Generally three years from the wrongful act, except a minor under the full age of six has whichever is longer of three years or until the child turns eight, under § 340.5.
Who counts as a “health care provider” under § 340.5?
Anyone licensed or certified under the Business and Professions Code’s healing-arts division, or under the Osteopathic or Chiropractic Initiative Acts, or licensed under specified Health and Safety Code provisions, plus licensed clinics, health dispensaries, and health facilities.
Amendment History
Amended by Stats. 1975, 2nd Ex. Sess., Ch. 2.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: California medical malpractice statute of limitationsone year discovery rule medical malpractice CaliforniaMICRA statute of limitations