San Jose · CA · Vetted Directory

Top Medical Malpractice Lawyers in San Jose

A doctor, hospital, or nursing home in San Jose harmed you or someone you love, and you need to know whether you have a case. California malpractice cases are technical: you generally have one year from when you discovered the harm to sue, you must give 90 days' notice first, and the state's MICRA law caps pain-and-suffering damages, though that cap now rises every year. Cases are filed in Santa Clara County Superior Court and require medical experts. Below are vetted San Jose malpractice firms.

1 yr / 3 yr
Deadline to file
MICRA cap
Rising yearly under AB 35
Santa Clara
County Superior Court
No win, no fee
Contingency, free review

Updated June 5, 2026

When you need a San Jose medical malpractice lawyer

Get a lawyer's read before you assume nothing can be done, and before the deadline passes. A bad medical result is not always malpractice, but when a provider falls below the accepted standard of care and that causes real harm, you may be owed compensation for medical bills, lost income, and pain. A San Jose medical malpractice lawyer lines up the medical experts these cases require, handles the hospital's insurers, and tells you honestly whether the facts support a claim.

These cases are expensive to bring and require proof from other doctors, so reputable firms screen carefully and take them on contingency. That means the firm fronts the cost and is paid only if you recover.

Talk to a San Jose medical malpractice lawyer if any of the following describes your situation.

  • A cancer or serious condition was missed, misdiagnosed, or diagnosed late.
  • You were harmed by a surgical error or an anesthesia mistake.
  • Your child suffered a birth injury that may have been preventable.
  • You were given the wrong medication or the wrong dose.
  • A loved one was neglected or injured in a nursing home or care facility.
  • A provider failed to get your informed consent before a procedure.
  • You suspect a hospital or clinic is hiding what went wrong.
  • A loved one died and you believe medical care was the cause.
  • You are worried the one-year deadline is approaching.
  • You simply want an expert opinion on whether you have a case.

How a San Jose malpractice case actually moves

Step 1: free case review and records gathering, where the firm collects your medical files. Step 2: expert review, where one or more independent doctors decide whether the standard of care was breached, which can take weeks to months. Step 3: a 90-day notice of intent to sue, required by California law before filing. Step 4: filing suit in Santa Clara County Superior Court, followed by discovery, depositions, and dueling medical experts. Step 5: mediation or trial before a Santa Clara County jury. Many cases settle once the expert proof is strong, but these defendants fight hard, so trial readiness matters.

What this typically costs in San Jose

$0
Up-front cost
MICRA scale
Caps the fee percentage
1 year
Usual filing deadline
$400K+
2026 non-death pain cap

San Jose malpractice lawyers work on contingency, so you pay nothing up front and the fee comes from any recovery. California's MICRA law sets a sliding scale that caps the attorney's percentage as the award grows, which leaves more of the money with you than a flat one-third would. The firm advances case costs such as expert fees, repaid from the recovery. Ask how costs are handled if the case is lost, and get the fee terms in writing.

What is specific about California malpractice law

  • MICRA cap, now rising. The cap on non-economic damages sat at $250,000 for decades; under AB 35 it now increases every year, passing $400,000 for non-fatal cases in 2026 on its way toward $750,000, with a higher track for wrongful death.
  • Economic damages uncapped. Medical bills, future care, and lost income are not subject to the MICRA cap.
  • Short deadline. You generally have one year from discovery or three years from the injury under CCP 340.5, whichever is first.
  • 90-day notice. California requires you to notify the provider at least 90 days before filing a malpractice suit.
  • Expert proof required. You must show, through medical experts, that the provider breached the standard of care; cases are filed in Santa Clara County Superior Court.

San Jose firms that handle medical malpractice

Updated June 5, 2026. Verified across U.S. News Best Law Firms, Super Lawyers, Best Lawyers, Avvo, Justia, and firm records. We do not accept payment for placement.

1

Corsiglia McMahon & Allard, LLP

Medical malpractice San Jose U.S. News · Best Lawyers

A San Jose firm recognized by U.S. News among the country's best medical malpractice practices, with partner Bradley Corsiglia named to Best Lawyers and Super Lawyers and decades handling misdiagnosis, surgical, anesthesia, and birth-injury cases. A strong fit for serious, complex malpractice claims.

Free Case Review Birth Injury Misdiagnosis Trial Firm
2

Alexander Law Group, LLP

Catastrophic injury & malpractice San Jose Trial lawyers

A San Jose trial firm focused on catastrophic injury and medical malpractice, including misdiagnosis and serious harm cases. A good fit when your injury is severe and you want a dedicated trial team that takes complex liability head-on.

Free Case Review Catastrophic Injury Misdiagnosis Trial Firm
3

Galine, Frye, Fitting & Frangos, LLP

Medical malpractice San Jose / Bay Area Birth injury focus

A Bay Area firm with a dedicated birth-injury and medical-malpractice team and a track record in complex California cases. A solid fit for birth-injury and serious-harm claims that need experienced, well-resourced representation.

Free Case Review Birth Injury Surgical Error Experienced
4

Moseley Collins Law

Medical malpractice San Jose Strong client reviews

A California malpractice practice serving San Jose with a strong volume of positive client reviews and a focus on hospital negligence, misdiagnosis, and birth injury. A good fit if you want a malpractice-focused firm with a well-reviewed client experience.

Free Case Review Hospital Negligence Misdiagnosis Highly Rated
5

Walkup, Melodia, Kelly & Schoenberger

Medical malpractice San Jose / Bay Area Established California trial firm

A long-established Northern California trial firm that handles serious San Jose medical malpractice cases, including claims against large hospital systems. A strong fit for high-stakes malpractice and catastrophic-injury claims that may go to trial.

Free Case Review Hospital Claims Catastrophic Injury Trial Firm

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Medical Malpractice in San Jose — FAQ

How much does a medical malpractice lawyer cost in San Jose?
San Jose medical malpractice lawyers work on contingency, so you pay nothing up front and the fee comes from any recovery. California's MICRA law sets a sliding scale that caps the attorney's percentage as the recovery grows, which protects more of the money for you. The consultation is free, and you owe no fee if there is no recovery.
What is the MICRA cap and how much is it now?
MICRA is California's medical malpractice law. It limits non-economic damages (pain and suffering), which was stuck at $250,000 for decades. Under a 2022 reform (AB 35) the cap now rises every year: it passed $400,000 for non-fatal cases in 2026 and climbs toward $750,000 over time, with a higher track for wrongful death. Economic damages like medical bills and lost income are not capped.
How long do I have to file a malpractice claim in California?
Generally, you have one year from when you discovered (or should have discovered) the injury, or three years from the date of injury, whichever comes first, under Code of Civil Procedure 340.5. There are exceptions for children and for a foreign object left in the body. You must also give the provider 90 days' notice before filing, so talk to a lawyer early.
Which court handles San Jose malpractice cases?
Most San Jose medical malpractice lawsuits are filed in the Santa Clara County Superior Court. These cases require expert medical testimony, so your lawyer works with doctors to prove the standard of care was breached before a Santa Clara County jury would ever hear it.
Do I really have a malpractice case if treatment went wrong?
A bad outcome alone is not malpractice. You generally must show the provider fell below the accepted standard of care and that this caused your injury. Because that requires medical experts, a free case review with a malpractice lawyer is the best way to learn whether your situation qualifies.
What kinds of cases do these firms handle?
Common San Jose malpractice cases include misdiagnosis or delayed diagnosis (such as cancer), surgical and anesthesia errors, birth injuries, medication mistakes, and nursing-home neglect. Many of these overlap with serious or catastrophic injury claims, which most of these firms also handle.

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