Question 1

What is the non-emergency contact number for the local police station in San Jose, California?

Accepted Answer

Call 408-277-8900 to report non-emergencies to the local police station in San Jose.

Question 2

Where can I get a copy of police reports for incidents related to my case in San Jose, California?

Accepted Answer

Get a copy of the police report for a medical malpractice case in San Jose at the Records Unit. You can request in person or online at https://secure.coplogic.com/rar/startrequest/200000001. Requests may also be sent to the following: San Jose Police Department Records Unit 201 W. Mission Street, San Jose, CA 95110 Access the form here: https://www.sjpd.org/home/showpublisheddocument/4/637236112437500000. Call (408) 277-4261 for further assistance.

Question 3

Can people in San Jose who have signed a consent or waiver form file a medical malpractice case against their doctor?

Accepted Answer

Yes, people in San Jose who have signed a consent form can file a medical malpractice case against their doctor. Even if the form prohibits a person from suing a healthcare provider, they may still be entitled to take legal action. However, it is highly recommended to seek legal advice to determine if the case is strong and to develop strategies.

Question 4

How much time does a person have to file a medical malpractice case in San Jose?

Accepted Answer

A person has generally one year to file a medical malpractice case in San Jose, beginning from the date when they found out about the injury. However, this period may be extended to three years or more if the patient is below six years old, a foreign object was left inside the patient's body after surgery or the healthcare provider lied or kept the truth about their wrongdoing.

Question 5

How can residents in San Jose prove medical malpractice?

Accepted Answer

Residents in San Jose can prove medical malpractice by providing photos and videos of the injury, journals of symptoms, or recordings of the surgery or consultations. Receipts of the medicine may also serve as evidence if the wrong prescription is suspected to be the cause of the injury. Additionally, victims may seek the opinions of other doctors, lawyers, and witnesses to support claims.

Question 6

Are patients allowed to get medical records from the clinics or hospitals in San Jose?

Accepted Answer

Yes, patients are allowed to get medical records from clinics or hospitals in San Jose under the Health Insurance Portability & Accountability Act. These establishments must provide medical records upon request, particularly when they are needed for legal purposes like medical malpractice cases. The eligible individuals who can access these records include the patients themselves or their legal guardians if the patient is a minor or has a disability.

Question 7

Will people automatically win the case if they can prove that the medical provider in San Jose was negligent?

Accepted Answer

No. Simply proving that a medical provider in San Jose was negligent is not enough to automatically win a case. People need to provide enough evidence to show that their injury was indeed caused by the provider's negligence. Without this evidence, they may not be eligible for compensation. It is recommended to seek guidance from medical and legal experts to determine the cause of the injuries and build a strong case.

Question 8

What does a medical malpractice lawyer do?

Accepted Answer

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Question 9

Do I have a medical malpractice case?

Accepted Answer

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the provider failed to fully explain the risks before proceeding
A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
A patient is informed by their health care provider or hospital that a mistake was made

Question 10

What are the chances of winning a medical malpractice lawsuit?

Accepted Answer

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Question 11

Is a misdiagnosis suitable for medical malpractice?

Accepted Answer

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

Question 12

As a patient, how do I choose a good medical malpractice lawyer?

Accepted Answer

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

Look at the lawyer’s website for details about their malpractice experience and knowledge.
Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

Question 13

What percentage of a settlement do medical malpractice lawyers get?

Accepted Answer

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

Question 14

What’s the statute of limitations on medical malpractice?

Accepted Answer

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

Question 15

How do you file a medical malpractice lawsuit?

Accepted Answer

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

Contact the doctor or health care provider to discuss the injury and a solution to the situation.
File a complaint with the local medical licensing board.
Check the state’s statute of limitations for filing a malpractice claim.
Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

Question 16

How does a medical malpractice lawsuit work?

Accepted Answer

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

Question 17

As a healthcare provider, how do I avoid medical malpractice?

Accepted Answer

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

Question 18

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

Accepted Answer

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

Attorney Names	Bar Status	Experience
Kevin Retoriano - Associate Attorney	Active	7 yrs
Michel Shenouda - Associate Attorney	Active	6 yrs
Deon Goldschmidt - Partner	Active	13 yrs
Kevin Cowan - Managing Attorney	Active	11 yrs

Attorney Names	Bar Status	Experience
Bradley Corsiglia - Partner	Active	39 yrs
Lauren Cerri - Associate	Active	11 yrs
Timothy Mcmahon - Partner	Active	39 yrs
Robert Allard - Partner	Active	28 yrs

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Frequently Asked Questions

What is the non-emergency contact number for the local police station in San Jose, California?

How much time does a person have to file a medical malpractice case in San Jose?

How can residents in San Jose prove medical malpractice?

Are patients allowed to get medical records from the clinics or hospitals in San Jose?

Will people automatically win the case if they can prove that the medical provider in San Jose was negligent?