Medical Professional Liability Insurance in California

California at a glance

Presuit requirement

90-day notice of intent before filing

MICRA's notice period tolls the statute of limitations while it runs.

Damages-cap posture

AB 35 replaced the flat MICRA cap with rising, indexed figures starting in 2023

Separate schedules apply to personal-injury and wrongful-death claims; confirm the current year's figures with counsel.

Limitations period

Generally three years from injury or one year from discovery, whichever is earlier

Code Civ. Proc. §340.5; exceptions exist for fraud and retained foreign objects.

Licensing board

Medical Board of California

Handles licensure and discipline separately from civil liability exposure.

A 90-day notice must precede the lawsuit

Under MICRA, a prospective plaintiff must give each provider 90 days' written notice of an intent to sue before filing, which tolls the statute of limitations during that period. Dense biotechnology, medical-device, and academic-research employers across the state route that notice to defense counsel immediately, since the response during those 90 days often shapes early settlement posture.

AB 35 replaced the flat MICRA cap with a rising schedule

California's noneconomic damages cap held at the same flat figure for decades before AB 35 took effect in 2023, replacing it with separate, higher starting figures for personal-injury and wrongful-death claims that both increase annually until leveling off years later. Carriers now track which year's indexed figure applies to a given claim rather than relying on the old flat number, which changes how excess layers are evaluated.

Three years from injury, one year from discovery

California generally requires a malpractice suit within three years of the injury or one year from when it was discovered, whichever comes first, under Code of Civil Procedure section 340.5, with a tolling exception for fraud or a foreign object left in the body. The 90-day notice period extends whichever deadline is closer to expiring, so counsel typically confirms the interplay before advising on retroactive-date coverage.

The Medical Board handles discipline independently

The Medical Board of California investigates complaints and disciplines physicians on a schedule separate from the notice process, the AB 35 cap schedule, or any civil resolution. A malpractice policy's defense duty is ordinarily limited to the civil suit, so a group anticipating board scrutiny should confirm whether separate coverage applies.

Who we write this for in California

Medical malpractice FAQs for California