Deadlines
California Dental Malpractice Statute of Limitations
California imposes specific, relatively short deadlines on dental and medical malpractice claims. Missing them generally bars a claim entirely, no matter how strong the underlying facts are.
The Basic Rule
Under California Code of Civil Procedure section 340.5, a dental or medical malpractice claim generally must be filed within whichever of these comes first:
- One year from the date you discovered, or through reasonable diligence should have discovered, the injury and its negligent cause; or
- Three years from the date of the injury itself, regardless of when it was discovered — with limited exceptions, such as when a foreign object with no therapeutic purpose was left in the body, or in cases involving fraud or intentional concealment.
The 90-day notice requirement
Why Acting Early Matters
Beyond the legal deadlines, treatment records can become harder to obtain over time, memories fade, and evidence such as imaging or physical materials may not be preserved indefinitely. A prompt records review, even before you've decided whether to pursue a claim, helps preserve your options.
Worried you might be running out of time to act?
For the damages that may be available if a claim moves forward, see compensation and MICRA in California. For practical next steps, see what to do after a dental injury.
Frequently Asked Questions
What if I didn't realize right away that something went wrong?
California's discovery rule generally starts the one-year clock when you discover, or reasonably should have discovered, the injury and its negligent cause — not necessarily the date of the procedure itself. The three-year outer limit, however, generally runs from the date of the injury regardless of when it was discovered, with limited exceptions such as fraud or a foreign object left in the body.
What is the 90-day notice requirement?
Before filing a medical or dental malpractice lawsuit in California, Code of Civil Procedure section 364 generally requires giving the prospective defendant at least 90 days' written notice of an intent to sue. This can affect timing near the end of a limitations period, so it's a step to plan around rather than leave until the deadline.
Are the deadlines different for a minor?
California law includes some different tolling rules for claims involving injuries to minors. Because these rules are specific and fact-dependent, they're best confirmed directly rather than assumed.
Related Pages
Page last reviewed for accuracy: September 2026.
Sources
This page is for general information only and is not legal or medical advice. Laws and figures such as damages caps change; verify current details with a licensed attorney before relying on them.