You
What is the CCP § 364 90-day notice?
S
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. Under section 364(b), the notice must 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.
You
What is the California noneconomic-damages limit for medical professional-negligence claims?
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Civil Code section 3333.2 limits noneconomic damages in actions against health care providers or health care institutions based on professional negligence. For 2026, the statutory amounts 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. The scheduled amounts reach $750,000 and $1,000,000 on January 1, 2033, with 2 percent annual inflation adjustments beginning January 1, 2034. The amount in effect at the time of judgment, arbitration award or settlement applies, subject to the statute's inflation provision.
You
What is the statute of limitations on a California medical professional-negligence claim?
S
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 statute identifies specified tolling grounds for the three-year period and provides separate rules for minors. Section 364(d) separately provides a 90-day extension from service when the section 364 notice is served within 90 days of expiration of the applicable statute of limitations. The applicable facts and statutory rules must be identified before calculating a filing deadline.
You
Do you handle court or arbitration proceedings?
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No. My practice on this page is writing-only. The $300 Written Attorney Consultation does not include ongoing case management, deadline monitoring, filings, negotiation, court or arbitration appearances, arranging another lawyer or transferring your file.
You
What's included in the $300 Written Attorney Consultation?
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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, representation in proceedings, 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 materials needed for the agreed question.
You
How do elder or dependent-adult abuse statutes interact with professional-negligence claims?
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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 on recoverable damages 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. Which statute applies depends on the claim and the relevant facts.
You
Do these professional-negligence statutes apply to every hospital or emergency-room claim?
S
Not necessarily. Code of Civil Procedure sections 340.5 and 364 apply when the claim is based on a health care provider's professional negligence as those statutes define it. Civil Code section 3333.2 likewise applies to actions for injury against a health care provider or health care institution based on professional negligence. The claim, defendant and conduct must be identified before applying these statutes.
You
How long does the Written Attorney Consultation take?
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I deliver the written response within two business days after the engagement is effective, payment is complete and I have the materials needed for the agreed question.