What are the steps in a California medical malpractice case?

Records collection, an independent expert review, a 90-day notice of intent to sue under Code of Civil Procedure section 364, then the complaint, expert discovery, and trial or arbitration. The notice is mandatory before suing a health care provider, and when served in the final 90 days of the limitations period it extends the deadline.

A California malpractice case moves through defined stages. It begins with the complete medical record, obtained under Health and Safety Code section 123110, and an independent review by a qualified physician, because no responsible filing happens without expert support for both breach of the standard of care and causation. Code of Civil Procedure section 364 then requires 90 days' advance notice of intent to sue each provider; serving it within the last 90 days of the limitations period extends the deadline. After the complaint, litigation centers on depositions of the treating providers and the formal exchange of expert witness opinions, since the experts effectively frame what the jury may find. Many cases divert to contractual arbitration under Code of Civil Procedure section 1295, common with large health systems. Most resolve at mediation or after expert designation; those that do not proceed to a trial governed by MICRA's damage cap (Civil Code section 3333.2) and fee schedule. Start to finish commonly runs one to three years.

Authority: Cal. Code Civ. Proc. § 364