Written Attorney Consultation
I offer a Written Attorney Consultation for one defined California medical-malpractice question. I confirm the question and scope before accepting the engagement, review the agreed materials and provide a written response identifying the issues and possible next steps within scope.
This consultation does not include ongoing case management, deadline monitoring, filings, negotiation, representation in court or arbitration proceedings, contingency representation, arranging another lawyer or transferring your file.
I deliver the written response within two business days after the engagement is effective, payment is complete and I have the necessary documents for the agreed question.
I prepare the written response using AI-assisted tools, review the work before delivery, and remain responsible for its content.
Start the Written Attorney Consultation - $300This is an advance flat fee for the defined scope, and you have the right to require that it be deposited into an identified client trust account until earned. If the representation ends or the agreed services are not completed, you are entitled to a refund of any portion of the fee that has not been earned.
California Medical Malpractice Statutory Tools
These tools perform limited calculations from the statutes identified below. They do not determine whether a statute applies to a particular claim, calculate a filing deadline or value a case.
Noneconomic Damages Limit Calculator Civil Code § 3333.2
Shows the statutory noneconomic-damages amount for the selected year and claim type and displays the three statutory categories that may apply. It does not determine which categories apply to a particular matter or calculate total case value.
Limitations Rules CCP §§ 340.5, 364
Review the statutory limitation and notice rules. This page does not calculate a filing deadline for an individual claim.
Contingency Fee Limit Calculator B&P Code § 6146
Calculates the statutory contingency-fee percentage and amount under section 6146 based on the amount "recovered" and whether recovery occurs before or after a civil complaint or arbitration demand is filed. It does not describe the $300 Written Attorney Consultation offered on this page.
California Medical Malpractice Legal Guide
The sections below summarize selected California statutes. They do not determine whether a particular claim qualifies as professional negligence or whether another statute applies.
Statutory text reviewed: October 19, 2026. Source: california.public.law reproductions.
Professional negligence under the selected statutes
Code of Civil Procedure section 340.5 defines "professional negligence" as a negligent act or omission by a health care provider in rendering professional services that proximately causes personal injury or wrongful death, provided the services are within the scope for which the provider is licensed and are not within a restriction imposed by the licensing agency or licensed hospital. Civil Code section 3333.2 contains its own definition of professional negligence for purposes of that statute.
Claim categories used in the selected statutes
Civil Code section 3333.2 distinguishes claims involving injury that does not involve wrongful death from wrongful-death claims for purposes of its noneconomic-damages limits. Code of Civil Procedure section 377.34 separately addresses damages recoverable on a decedent's own cause of action by a personal representative or successor in interest. Section 377.60 identifies persons who may assert a wrongful-death cause of action. The applicable claim and statute must be identified from the facts.
Who the selected statutes define as health care providers and institutions
Code of Civil Procedure section 340.5 defines "health care provider" by reference to specified licensing and certification provisions and includes certain clinics, health dispensaries and health facilities. Civil Code section 3333.2 separately defines "health care provider," "health care institution" and "unaffiliated" for purposes of its damages provisions. Whether a particular defendant falls within one of these statutory definitions depends on the defendant's licensing, organizational and affiliation facts.
Civil Code section 3333.2 noneconomic-damages limits
Section 3333.2 limits noneconomic damages in actions for injury against health care providers or health care institutions based on professional negligence. For 2026, the statutory amounts produced by subdivisions (b), (c) and (g) are $470,000 for claims not involving wrongful death and $650,000 for wrongful-death claims.
The statute provides separate limits that may apply to health care providers, health care institutions and certain unaffiliated providers or institutions, and states that three separate limits may apply. A health care provider or health care institution is not liable for noneconomic damages in more than one of the statutory categories.
The scheduled amounts increase each January 1 through January 1, 2033, when they reach $750,000 and $1,000,000. Beginning January 1, 2034, subdivision (h) provides a 2 percent annual inflation adjustment. The dollar amount in effect at the time of judgment, arbitration award or settlement applies, subject to subdivision (h).
| Year | Injury not involving wrongful death | Wrongful death |
|---|---|---|
| 2023 | $350,000 | $500,000 |
| 2024 | $390,000 | $550,000 |
| 2025 | $430,000 | $600,000 |
| 2026 | $470,000 | $650,000 |
| 2027 | $510,000 | $700,000 |
| 2028 | $550,000 | $750,000 |
| 2029 | $590,000 | $800,000 |
| 2030 | $630,000 | $850,000 |
| 2031 | $670,000 | $900,000 |
| 2032 | $710,000 | $950,000 |
| 2033 | $750,000 | $1,000,000 |
| 2034 | $765,000 | $1,020,000 |
Beginning January 1, 2034, section 3333.2(h) provides a 2 percent adjustment each January 1. The calculator applies that statutory adjustment annually.
The current section 3333.2 schedule applies to cases filed or arbitrations demanded on or after January 1, 2023. The applicable dollar amount is the amount in effect at the time of judgment, arbitration award or settlement, subject to subdivision (h).
What Counts as "Non-Economic Damages"?
Civil Code section 3333.2(a) identifies noneconomic losses including pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage. Section 3333.2 limits those noneconomic losses as provided in the statute.
Section 3333.2 does not impose those noneconomic-damages limits on economic losses. This page does not state that all economic losses are recoverable or unaffected by every other rule of law.
Survival damages and wrongful-death standing
In an action on a decedent's own cause of action, Code of Civil Procedure section 377.34(a) generally excludes damages for pain, suffering or disfigurement. Subdivision (b) permits those damages for actions granted the specified trial preference before January 1, 2022, or filed from January 1, 2022 through December 31, 2025. A qualifying action does not lose that exception solely because it remains pending after 2025.
Section 377.34(f) also provides that the section does not affect claims brought under the Elder Abuse and Dependent Adult Civil Protection Act, and Welfare and Institutions Code section 15657(b) removes section 377.34's limitations when that statute's conditions are met, subject to the damages limit stated there. Section 377.34(e) preserves Civil Code section 3333.2.
Code of Civil Procedure section 377.60 separately identifies the persons who may assert a wrongful-death cause of action.
Key California Medical Malpractice Statutes
Cal. Civ. Proc. Code §§ 364, 365 Pre-suit notice for professional-negligence actions
Section 364(a) states that no action based on a health care provider's professional negligence may be commenced unless the defendant has been given at least 90 days' prior notice. Section 364(b) requires the notice to state the legal basis of the claim and the type of loss sustained, including with specificity the nature of the injuries. If the notice is served within 90 days of expiration of the applicable statute of limitations, section 364(d) provides that the time for commencement of the action is extended 90 days from service of the notice. Section 365 provides that failure to comply does not invalidate court proceedings or affect the court's jurisdiction, although attorney noncompliance is grounds for professional discipline.
Cal. Civ. Proc. Code § 340.5 Limitations period for professional-negligence claims
For an action for injury or death against a health care provider based on professional negligence, section 340.5 generally requires commencement within three years after the date of injury or one year after the plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever occurs first. The three-year period is subject to the statute's specified tolling grounds for fraud, intentional concealment and a foreign body having no therapeutic or diagnostic purpose or effect. The statute also supplies separate timing rules for minors, including a different rule for minors under six and a specified fraud-or-collusion tolling provision.
Cal. Civ. Code § 3333.2 Noneconomic-damages limits for professional negligence
Section 3333.2 limits noneconomic damages in actions for injury against health care providers or health care institutions based on professional negligence. For 2026, the statutory amounts produced by subdivisions (b), (c) and (g) are $470,000 for claims not involving wrongful death and $650,000 for wrongful-death claims.
The statute provides separate limits that may apply to health care providers, health care institutions and certain unaffiliated providers or institutions, and states that three separate limits may apply. A health care provider or health care institution is not liable for noneconomic damages in more than one of the statutory categories.
The scheduled amounts increase each January 1 through January 1, 2033, when they reach $750,000 and $1,000,000. Beginning January 1, 2034, subdivision (h) provides a 2 percent annual inflation adjustment. The dollar amount in effect at the time of judgment, arbitration award or settlement applies, subject to subdivision (h).
Cal. Bus. & Prof. Code § 6146 Contingency-fee limits in specified professional-negligence claims
Section 6146 limits the contingency fee an attorney may contract for or collect when representing a person seeking damages in connection with specified professional-negligence claims against a health care provider. The limit is 25 percent of the amount recovered when recovery is pursuant to a settlement agreement and release executed before a civil complaint or demand for arbitration is filed, and 33 percent when recovery occurs after a civil complaint or arbitration demand is filed. If an action is tried or arbitrated, the attorney may ask the court or arbitrator for a higher contingency fee based on good cause. This statute does not set the fee for the Written Attorney Consultation offered on this page.
Welf. & Inst. Code §§ 15657, 15657.2 Elder or dependent-adult abuse and professional negligence
Section 15657 provides specified remedies when its liability and culpability requirements are proven, including reasonable attorney's fees and costs. It also provides that the limitations imposed by Code of Civil Procedure section 377.34 do not apply, but damages recovered under section 15657 may not exceed the damages permitted under Civil Code section 3333.2(b). Section 15657.2 separately states that a cause of action against a health care provider based on alleged professional negligence is governed by the laws specifically applicable to professional-negligence causes of action.
Frequently Asked Questions
Common questions about California medical malpractice law
Code of Civil Procedure section 364(a) states that no action based on a health care provider's professional negligence may be commenced unless the defendant has been given at least 90 days' prior notice. Section 364(b) requires the notice to state the legal basis of the claim and the type of loss sustained, including with specificity the nature of the injuries. If notice is served within 90 days of expiration of the applicable statute of limitations, section 364(d) provides that the time for commencement of the action is extended 90 days from service. Section 365 provides that noncompliance does not invalidate court proceedings or affect jurisdiction, although attorney noncompliance is grounds for professional discipline.
Code of Civil Procedure section 340.5 generally requires an action for injury or death against a health care provider based on professional negligence to be commenced within three years after injury or one year after the plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever occurs first. The three-year period is subject to the statute's specified tolling grounds for fraud, intentional concealment and the presence of a foreign body having no therapeutic or diagnostic purpose or effect. The statute also provides separate rules for minors. A filing deadline must be determined from the applicable facts and statutory rules; this page does not calculate an individual filing deadline.
Section 340.5 states that an action by a minor generally must be commenced within three years from the date of the alleged wrongful act. For a minor under six, the action must be commenced within three years or before the minor's eighth birthday, whichever provides the longer period. The statute also provides tolling for a minor during a period in which the parent or guardian and the defendant's insurer or health care provider committed fraud or collusion in failing to bring the action.
For 2026, Civil Code section 3333.2 provides a $470,000 amount for claims not involving wrongful death and a $650,000 amount for wrongful-death claims. The statute provides separate limits that may apply to health care providers, health care institutions and certain unaffiliated providers or institutions. It states that three separate limits may apply. Whether any particular category applies depends on the statutory definitions and the facts.
The statutory amounts increase each January 1 through January 1, 2033, when they reach $750,000 for claims not involving wrongful death and $1,000,000 for wrongful-death claims. Beginning January 1, 2034, section 3333.2(h) provides a 2 percent annual inflation adjustment. The statute states that the dollar amount in effect at the time of judgment, arbitration award or settlement applies, subject to subdivision (h).
Section 6146 limits the contingency fee an attorney may contract for or collect in the professional-negligence representations it covers. The limit is 25 percent of the amount recovered when recovery is pursuant to a settlement agreement and release executed before a civil complaint or demand for arbitration is filed, and 33 percent when recovery occurs after a complaint or arbitration demand is filed. If the action is tried or arbitrated, the attorney may ask the court or arbitrator for a higher fee based on good cause. These limits do not set the fee for the $300 Written Attorney Consultation offered on this page.
Code of Civil Procedure section 377.34(a) generally excludes damages for pain, suffering or disfigurement in an action on a decedent's own cause of action. Subdivision (b) permits those damages for actions granted the specified trial preference before January 1, 2022, or filed from January 1, 2022 through December 31, 2025. A qualifying action does not lose that exception solely because it remains pending after 2025. Section 377.34(f) provides that the section does not affect claims under the Elder Abuse and Dependent Adult Civil Protection Act, and section 377.34(e) preserves Civil Code section 3333.2.
Welfare and Institutions Code section 15657 provides specified remedies when its liability and culpability requirements are proven, including reasonable attorney's fees and costs. It also provides that Code of Civil Procedure section 377.34's limitations do not apply, subject to the damages limit stated in section 15657(b). Section 15657.2 separately provides that a cause of action against a health care provider based on alleged professional negligence is governed by the laws specifically applicable to professional-negligence causes of action.
The consultation covers one defined California medical-malpractice question. I confirm the question and scope before accepting the engagement, review the agreed materials and provide a written response identifying the issues and possible next steps within scope. It does not include ongoing case management, deadline monitoring, filings, negotiation, court or arbitration appearances, contingency representation, arranging another lawyer or transferring your file. I deliver the written response within two business days after the engagement is effective, payment is complete and I have the necessary documents for the agreed question.
Have a California medical-malpractice question?
I offer a $300 Written Attorney Consultation on one defined California medical-malpractice question. Send a short factual summary, relevant dates, the names of the parties and the question you want addressed. I will confirm the scope and identify the documents needed for that question.
Start the Written Attorney Consultation - $300This is an advance flat fee for the defined scope, and you have the right to require that it be deposited into an identified client trust account until earned. If the representation ends or the agreed services are not completed, you are entitled to a refund of any portion of the fee that has not been earned.
Sergei Tokmakov, Esq. · California Bar #279869