What is the statute of limitations for bringing a birth injury claim in California?
The statute of limitations for medical negligence cases in California is found in Code of Civil Procedure §340.5. In California, injuries to a child under the full age of 6, must be brought within three years, or prior to the child’s 8th birthday, whichever is longer. California also has a special “birth injury” statute of limitations found in Code of Civil Procedure §36. However, case law has interpreted the statute of limitations in CCP §340.5 to be applicable.