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