San Jose Medical Malpractice Lawyers

Have you or someone you love suffered harm due to apparent medical negligence in San Jose? At Moseley Collins Law, our lawyers possess over 40 years of exclusive practice representing injured patients of preventable medical errors in San Jose ranging from hospital negligence to specialist malpractice when catastrophic turns occur suddenly forever altering patients’ lives.

San Jose medical malpractice often results in significant financial burdens due to overwhelming medical bills, adding to the hardships faced by victims.

Through committed legal advocacy over the years, our firm has recovered millions for clients while also setting landmark verdicts upholding accountability among medical professionals in medical malpractice lawsuits.

If you now face amplified pain, permanent disability or the profound daily loss of a beloved family member following misplaced trust in a San Jose medical provider’s standards of care, please know that transparent counsel and options exist. We encourage you to reach out directly for honest answers and compassionate guidance regarding your rights in California. Contact us online anytime or call 800-426-5546 to speak with a friendly team member right away.

Overview of Medical Malpractice Claims in San Jose, CA

Medical malpractice occurs when a doctor, nurse, technician, hospital or other healthcare provider violates the standard of care and causes injury or death. Some examples of potential medical malpractice include:

• Misdiagnosis or failure to diagnose serious conditions like cancer, heart disease or infections

• Surgical mistakes during procedures, such as damage to organs/arteries, retained objects and infections

• Medication errors like the wrong drug or dosage leading to complications

• Failure to monitor patients correctly or respond to test results

• Mistakes during childbirth that harm the baby, such as lack of oxygen and cerebral palsy

• Delayed treatment that allows otherwise survivable conditions to progress

To prove medical malpractice under California law, a victim must establish:

• The provider owed a duty of care to the patient under the circumstances

• The applicable standard of care was breached, often through an act or omission

• The breach directly caused injury or damages to the victim

• Quantifiable economic and non-economic damages resulted

Navigating the complexity of medical malpractice litigation requires an experienced California medical malpractice lawyer on your side.

Major Hospitals and Medical Centers Serving San Jose

Below are some of the main hospitals and medical facilities that serve residents of San Jose and Santa Clara County:

Stanford Health Care

The Stanford University Medical Center operates this nationally-ranked hospital offering specialized treatment options and the latest medical advances in areas like cancer, neurology, cardiovascular health, transplantation, orthopedics, and general surgery.

Regional Medical Center of San Jose

As a key safety net facility, this hospital provides specialized emergency and trauma care while also offering behavioral health programs and substance abuse services.

El Camino Health

With hospitals in Los Gatos and Mountain View, this network provides emergency care, cancer treatment, orthopedics, neurology, urology, cardiac surgery, stroke care, and women’s health services.

Good Samaritan Hospital

This 474-bed hospital in downtown San Jose offers emergency trauma services as well as specialized programs in areas like neurology, cardiology, oncology, and orthopedic surgery.

Examples of Medical Errors

As experienced medical malpractice lawyers recognize, preventable healthcare mistakes too often inflict irreversible patient harm physically, emotionally and financially. Some of the most common categories contributing to clients’ profound losses have involved:

• Surgical errors

• Failure to accurately diagnose aggressive diseases timely

• Disregard for traumatic emergency room injuries requiring urgent care

• Reckless medication recommendations or oversight

• Egregious deadly infections like sepsis often preventable

• Child delivery room errors leading to pediatric disabilities

When healthcare professionals fail to meet reasonable standards of care, it directly impacts patient health and lives negatively. However, successfully building a strong legal claim against perpetrator healthcare institutions and doctors requires intimate understanding of the complex burden of proof carried by victims in California civil litigation contexts when attempting to right such egregious wrongs.

Key Elements for a Valid Medical Malpractice Claim

During a free consultation, a San Jose medical malpractice lawyer will assess if these four key elements substantiating a valid claim appear present:

1. A direct doctor-patient relationship existed with the professionals in question.

2. Medical providers demonstrated actionable negligence / failure to meet reasonable medical standards.

3. Expert analysis links this negligent treatment as the direct cause of resulting patient injury, infection, illness advancement or death.

4. Identified negligence constitutes a clear violation of California medical ethical codes and breach of standards expected within the greater medical community.

Once all four conditions become irrefutably evidenced through exhaustive legal investigation and medical expert record review, grounds for a strong medical malpractice case in California exist. By retaining specialist lawyers focused almost exclusively upon negligence and malpractice cases, injured victims access uniquely informed guidance following life-altering medical errors.

The Medical Malpractice Lawsuit Process

If we determine negligence likely occurred and accept your case after an initial investigation, you can expect to maneuver through the following general lawsuit stages:

1. Extended Investigation - We submit extensive records requests to compile all relevant medical documentation tied to your treatment timeline. Interviews and written statements from involved medical professionals often prove useful. We hire multiple independent specialists spanning pertinent medical fields to exhaustively analyze if clear breaches against prevailing standards of care enabled your life-changing damages.

2. Filing the Initial Complaint - Once our in-depth investigation uncovers irrefutable evidence of negligence tied to your sustained irreversible harms, we prepare customized court filings detailing the reasons for medical liability against implicated healthcare defendants like doctors, nurses and pertinent hospitals or clinics.

3. Discovery Stage Engagement - We engage in discovery processes with defense counsel to legally compel exchange of case documentation, research and information through requests, witness depositions, interrogatories and collaborative medical expert testimony processes.

4. Settlement Negotiations - An estimated 80% of California medical negligence claims resolve through pre-trial settlement agreements once opposing counsel better understands evidence unearthed through discovery. We work relentlessly negotiating firmly to secure you maximum out-of-court financial compensation.

5. Trial Litigation - However, if settlement talks reach untenable impasse lacking just terms, we seamlessly pivot preparations fully for trials before California judges and/or juries. Our lawyers bring extensive litigation experience inside courtrooms having already taken other complex medical malpractice cases successfully to verdict when warranted.

While this basic sequence summarizes typical landmarks navigating California’s rigorous civil litigation process seeking damages for medical negligence harms, always consult our lawyers directly to address case specific questions. We aim to establish open communication with every client beginning day one.

Connect with a Knowledgeable Medical Malpractice Law Firm

The experienced team at Moseley Collins Law boasts over 40 years of cumulative expertise with medical malpractice and personal injury litigation nationwide. We have the seasoned legal talent and medical insight needed to stand up to individuals and mega hospitals when gross negligence during patient care leads to catastrophic life disruption.

You need legal advocates who demonstrate sensitivity, convey compassion, simplify complexity for clients stressed enough already and retain thorough medical understanding required for building an airtight case against medical providers who breach accepted standards of care. Moseley Collins Law has protected patient rights like yours nationwide for over forty years.

Our track record of successful verdicts and precedent-setting settlements stems from relentless preparation, utilizing only the most reputable medical experts available and refusing to settle early for less as we invest substantial early case resources on your behalf. Savvy insurance carriers aware of our reputation as courtroom trial lawyers consistently push to resolve valid cases sooner when seated across the negotiation table.

If you believe a misdiagnosis, surgical error, medication mistake, delivery room accident, emergency room blunder or specialist oversight destroyed your family’s emotional wellbeing through negligence here in Santa Clara County or across California, please reach out to partner with our firm for trusted legal guidance moving forward. We offer transparent, no-obligation consultations regarding the merits of potential malpractice cases and help point grieving families toward paths aligning with their specific needs after medical negligence alters lives devastatingly.

For a free case evaluation with our legal team, call 800-426-5546 or contact us online today.

Frequently Asked Questions (FAQs)What if multiple negligent medical providers were involved in my treatment, causing further injury? Can I pursue damages from each one with a medical malpractice attorney?

Yes, if successive institutional health caregivers or facilities each displayed negligent actions below reasonable standards that cumulatively caused patients disproportionate harm, victims have full rights pursuing accountability for amplifying damages against every provider at fault legally. Experienced medical malpractice lawyers thoroughly investigate to pinpoint where along your care timeline any physicians, nurses, specialists or technicians as well as administrative decision makers failed you through documented errors of commission or omission that departed from standard treatment protocols. Thereafter each negligent party can become named individually as defendants for their respective roles worsening outcomes when ethical health care may have made all the difference.

I worry about affording an investigation without guaranteed outcome. Do you offer free consultations?

Absolutely understandable. Reputable firms like ours aim to provide transparent legal guidance for prospective clients before any financial commitments becomes required. Most qualified medical malpractice lawyers work purely on contingency fee basis as well — meaning zero dollars must be paid upfront by already devastated victims and families. Our legal teams only get compensated if and when your case resolves favorably down the road. This crucial facilitation keeps urgent help accessible for those who sustained major health damages from gross negligence but also face economic pressures themselves. Please inquire anytime.

What if I signed consent forms for the medical procedure where mistakes took place? Does that affect my rights?

Consent forms carry importance explaining standard procedural risks, but do not nullify a provider’s fundamental duties ensuring reasonable precautions get taken and responsibilities get met while carrying out health services. Patients rightfully expect safe, ethical delivery of care reasonably aligning with best practices — even when waiving natural risks. However, if negligence later proves beyond listed foreseeable hazards described, victim legal rights likely still exist seeking accountability and resolution. Experienced medical malpractice lawyers determine exactly what breaches against your protected welfare took place in context.