What if the malpractice happened at a public hospital in California?

A government claim comes first. Negligent care at county hospitals, UC medical centers, and other public facilities falls under the Government Claims Act, so a written claim must be presented to the entity within six months (Government Code section 911.2), often long before the malpractice deadlines of Code of Civil Procedure section 340.5 would run.

Public health care changes the procedure entirely. When the negligent provider is a public entity (a county hospital, a UC medical center, a state facility, or a health care district) the Government Claims Act requires a written claim presented to that entity within six months of the injury (Government Code section 911.2). Suit may follow only after rejection, generally within six months of a written rejection notice (section 945.6). This six-month window frequently expires before the one-year discovery period of Code of Civil Procedure section 340.5, which still applies alongside it, so assuming the ordinary malpractice deadlines govern is the classic mistake in these cases. Late-claim relief exists (section 911.4) but is discretionary and contested. Staffing adds a second trap: physicians at public hospitals may be public employees or independent contractors, and the private ones are sued conventionally, so identifying each provider's status early determines which deadlines control. The section 364 notice of intent requirement applies to the eventual lawsuit as well.

Authority: Cal. Gov. Code § 911.2