Legal nurse consultants in California
License-verified nurses for California medical malpractice and nursing home cases: chronologies, merit screening, standard of care review and expert testimony. Below: the California rules that shape when you need a nurse's review and who can give the opinion.
- Limitations
- 3 years or 1 from discovery
- Before or at filing
- 90-day notice of intent
- Damage caps
- MICRA cap, rising yearly
California medical malpractice: what to know before retaining a nurse
What is the statute of limitations for medical malpractice in California?
Three years from the injury or one year after the plaintiff discovers it (or should have), whichever comes first. The three-year limit is tolled for fraud, intentional concealment or a foreign body. For minors, three years, or until the eighth birthday if later (Cal. Code Civ. Proc. § 340.5).
What must be done before or when filing a medical malpractice case in California?
At least 90 days' notice of intent to sue to each health care provider (Code Civ. Proc. § 364). Notice served in the last 90 days of the limitation period extends it by 90 days.
Who can give the expert opinion in California?
Expert testimony is generally required to establish the standard of care and its breach. Punitive damages against a health care provider need leave of court on a motion made early in the case (Code Civ. Proc. § 425.13).
Does California cap medical malpractice damages?
Under MICRA as amended by AB 35, noneconomic damages for cases filed from 2023 are capped at $350,000 for injury and $500,000 for death, rising by $40,000 and $50,000 each January 1 until they reach $750,000 and $1 million, then by 2% a year (Civ. Code § 3333.2). Separate caps can apply to health care providers, health care institutions and unaffiliated defendants, so up to three in one case.
Are nursing home cases different in California?
Elder Abuse Act claims against nursing homes and other caregivers (Welf. & Inst. Code § 15657) require recklessness, oppression, fraud or malice proved by clear and convincing evidence, but allow attorney fees and enhanced remedies and are not limited by the MICRA cap. Nursing review of care plans, staffing and change-of-condition records often decides whether a case clears that bar.
Checked October 2026. General information for attorneys, not legal advice: statutes change and every rule above has exceptions, so confirm current law for your case.
Consultants for California cases
Consultants licensed in California review cases privately. Post a brief, say the expert should hold a California license, and the ones who match will see it first.
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