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Best Medical Malpractice Lawyers in San Jose

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Abronson Law Offices logo
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Abronson Law Offices

332 N 2nd St, San Jose, CA 95112
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Business Description

Abronson Law Offices provide personal injury legal services to Santa Clara County and the San Francisco Bay area. The office handles a variety of personal injury cases, including clients who received injuries from semi-truck, bicycle, bus, car, motorcycle, pedestrian, slip and fall, trip and fall, and commercial truck accidents. The firm also provides services for brain, burn, amputation, fractures limbs, broken back, spinal cord, neck, back, and joint injuries. Medical malpractice counsel is available in the areas of surgical errors, prescription medication errors, failure to diagnose, emergency room errors, birth injuries, and anesthesia malpractice. The firm also provides representation for wrongful death and premises liability. A free consultation is available by calling the firm or filling out an online form. The firm received a superb rating as a top personal injury attorney from Avvo.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Yelp
4.5 / 5 (15)
Google
4.4 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Atwood & Associates logo
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Atwood & Associates

750 University Ave Ste 130, Los Gatos, CA 95032
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Business Description

Atwood & Associates is a law firm located in Los Gatos serving clients throughout the San Jose area. It represents cases involving personal injuries with a focus on medical malpractice cases such as life-threatening errors, dangerous pharmaceuticals, and brain and spinal injuries. The firm's attorneys also handle standard personal injury litigation involving dog bites, defective products, motorcycle accidents, motor vehicle collisions, and slips and falls. Founder Stanford H. Atwood, Jr., is a civil trial and appellate attorney.

Campbell Warburton Law Firm logo
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Campbell Warburton Law Firm

64 W Santa Clara St, San Jose, CA 95113
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Business Description

Centrally located in San Jose and representing individuals throughout California, Campbell Warburton Law firm pursues compensation for victims of medical malpractice. The firm is experienced in dealing with medical providers and insurers, and it seeks alternative dispute resolutions with favorable settlements for clients. In cases where lawsuits are filed and court proceedings are sought, Campbell Warburton has skilled litigators on staff to advocate for the rights of clients at trial.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
3.9
Google
4.2 / 5 (5)
Yelp
3.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Corsiglia McMahon & Allard logo
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Corsiglia McMahon & Allard

96 North 3rd Street, San Jose, CA 95112
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Business Description

Bradley M. Corsiglia of Corsiglia McMahon & Allard is a medical malpractice attorney in San Jose who assists individuals in filing claims against negligent medical professionals. Attorney Corsiglia has over three decades of litigation experience, and he handles cases that include wrongful death, brain injuries, serious injury due to medical negligence, nursing errors, and delayed diagnosis of cancer or other serious medical conditions. Mr. Corsiglia received his Juris Doctor from Santa Clara University School of Law, and he is a member of the California State Bar.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
3.9
Avvo
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Corsiglia McMahon & Allard logo
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Corsiglia McMahon & Allard

96 N 3rd St #620, San Jose, CA 95112
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Business Description

B. Robert Allard of Corsiglia McMahon & Allard is a medical malpractice lawyer in San Jose who fights for the rights of victims of medical negligence. In practice for over two decades, the firm is nationally recognized for its successful settlements and verdicts. Cases the practice handles include anesthesia malpractice, birth injuries, brain injuries, misdiagnosis and delayed diagnosis, surgical errors, and hospital malpractice. In addition to public malpractice cases, the firm provides counsel in private arbitration sessions to individuals with claims against Kaiser Permanente.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Yelp
4.0 / 5 (10)
Avvo
5.0 / 5 (2)
Davis & Young logo
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Davis & Young

1960 The Alameda Ste 210, San Jose, CA 95126
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Business Description

Davis & Young is a legal firm serving clients throughout the San Jose metro area. It handles personal injury cases involving medical malpractice litigation. The firm's attorneys review clients' claims and use their experience and education to get full compensation for victims' injuries. It also represents defendants in personal injury and medical and legal malpractice cases. Other services include legal malpractice litigation, wrongful death, employment law, premise liability, public entity defense, appellate work, and mediation.

Emanuel Law Group logo
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Emanuel Law Group

2880 Zanker Rd Ste 203, San Jose, CA 95134
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Business Description

Founded in 1996, the Emanuel Law Group is a personal injury legal practice representing clients throughout the San Jose area with additional offices in San Mateo and San Francisco. It handles medical malpractice cases involving elder abuse and injuries sustained at long-term care and nursing facilities, including bedsores, improper health care, and failure to provide adequate nutrition and to protect vulnerable residents from physical and sexual abuse. Other focus areas include slip and fall injuries, dog bites, and motor vehicle accidents.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Henshaw & Henry, PC logo
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Henshaw & Henry, PC

1871 The Alameda #333, San Jose, CA 95126
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury
  • Birth Injuries

Business Description

Henshaw & Henry, PC, helps individuals and families in San Jose who sustained injuries as a result of a preventable medical error. Its team of attorneys handles various forms of medical malpractice, including diagnostic errors, surgical errors, medication errors, failure to monitor, and failure to obtain informed consent. It also helps families whose loved ones suffered wrongful death or traumatic brain injuries due to medical negligence. The firm also advocates for clients whose claims involve life-altering injuries caused by a defective product or another driver.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Yelp
5.0 / 5 (41)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Janoff Law logo
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Janoff Law

1570 The Alameda Ste 221, San Jose, CA 95126
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Business Description

Janoff Law is a legal practice with over 35 years' experience assisting personal injury victims in the San Jose area. It focuses on medical malpractice claims, including surgical and emergency room mistakes, birth injuries, failure to diagnose, misdiagnoses, prescription errors, wrongful deaths, and nursing home abuse and negligence. The firm's attorneys understand the complexity of medical malpractice litigation and use their experience and education to works to get clients the highest settlement for their injuries.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Avvo
4.6 / 5 (10)
Yelp
4.5 / 5 (7)
Google
3.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Marshall Suzuki Law Group, LLP logo
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Marshall Suzuki Law Group, LLP

1625 The Alameda Ste 800, San Jose, CA 95126
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Business Description

Marshall Suzuki Law Group LLP has served people in San Jose and throughout the Silicon Valley for over 20 years. Its litigation team handle civil litigation and arbitration matters, including medical malpractice, traffic accidents, defamation, and other tort claims. The firm employs a largely bilingual staff of attorneys who speak English and Japanese, contributing to an international client base. Marshal Suzuki Law Group also assists clients with immigration and visa support matters.

San Diego Personal Injury Attorneys logo
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San Diego Personal Injury Attorneys

1762 Technology Dr Ste 122, San Jose, CA 95110
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Business Description

San Diego Personal Injury Attorneys have been representing the people of San Jose for more than 30 years. The firm employs a team of medical malpractice lawyers who focus on the legal process associated with injuries or illnesses sustained in the care of a health care provider. Cases include mistakes made during routine care and surgical procedures and administration of prescription drugs to which the patient has a known allergy.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.7 / 5 (93)
Facebook
5.0 / 5 (8)
Sheuerman, Martini, Tabari, Zenere & Garvin - A Professional Corporation logo
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Sheuerman, Martini, Tabari, Zenere & Garvin - A Professional Corporation

1033 Willow St, San Jose, CA 95125
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Business Description

Sheuerman, Martini, Tabari, Zenere, and Garvin is a professional corporation that has served people in San Jose and throughout the United States since 1994. The firm handles elder abuse, civil litigation, and medical malpractice, representing hospitals and other health care providers in personal injury matters. Its attorneys develop defense strategies by gathering medical records and interviewing experts from several fields to establish the cause and the financial consequences of the victim's injuries.

William J. Pardue Attorney at Law logo
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William J. Pardue Attorney at Law

275 Tennant Ave Ste 105, Morgan Hill, CA 95037
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Business Description

William J. Pardue Attorney at Law is a personal injury lawyer that represents clients throughout San Jose and the Santa Cruz County area. It focuses on medical malpractice claims involving wrongful deaths, negligence, misdiagnoses, and failure to diagnose. Attorney William J. Pardue reviews clients' cases, advises them of their rights and options, and works to get them the highest compensation allowed under state law. Other practice areas include conservatorships, adoption petitions, and guardianships.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (5)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
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Frequently Asked Questions

What does a medical malpractice lawyer do?

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.

Do I have a medical malpractice case?

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

What are the chances of winning a medical malpractice lawsuit?

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.

Is a misdiagnosis suitable for medical malpractice?

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.

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

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.

What percentage of a settlement do medical malpractice lawyers get?

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.

What’s the statute of limitations on medical malpractice?

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.

How do you file a medical malpractice lawsuit?

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.

How does a medical malpractice lawsuit work?

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.

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

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.

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

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.

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