Something went wrong, and you can’t quite get anyone to say what. Maybe a scan sat unread for weeks. Maybe surgery left a new problem, or a delivery room decision changed your child’s life. Hospitals have risk managers and insurers working on their side from day one. Families usually start with nothing but questions.
Medical negligence cases are among the hardest injury claims to win. They need doctors willing to testify, careful review of thousands of pages of records, and a lawyer comfortable fighting well-funded defense teams. Pick someone who handles these cases regularly, not a general practice that takes one now and then.
Why These Cases Need a Specialist
- Every claim needs at least one medical expert to explain how the care fell below the accepted standard.
- California law requires a 90-day written notice to the provider before a malpractice lawsuit is filed.
- Fee limits and damage caps under the state’s MICRA law change how cases are valued and settled.
- Many hospital systems require binding arbitration instead of a jury trial, which changes strategy from the start.
San Jose Lawyers Who Take On Doctors and Hospitals
1. Moseley Collins Law
Moseley Collins has practiced for 46 years and has never represented an insurance company. Every case he takes is on the patient’s side. His practice focuses on medical malpractice and nursing home negligence, along with serious personal injury. The San Jose office is at 99 N First Street, Suite 205, San Jose, CA 95113. Call (408) 444-4000.
- Malpractice claims against doctors and hospitals
- Elder neglect in skilled nursing facilities
- Free consultation
2. Law Office of Jeffrey D. Janoff
A Santa Clara University law graduate, Jeffrey Janoff has 43 years of experience representing injured people in the South Bay. Medical malpractice sits at the center of his practice, alongside insurance disputes and defective product claims. He also takes mold-exposure cases, a niche many firms avoid. Find him at 1570 The Alameda, Suite 221, San Jose, CA 95126, or call (408) 286-2300.
- Hospital and physician negligence
- Insurance claims tied to injuries
- Defective product cases
3. Law Office of Eben L. Kurtzman
Courtroom experience is what sets Eben Kurtzman apart. In 37 years he has handled more than 1,000 cases and tried over 50 of them to a jury. That record matters in malpractice work, since defense insurers weigh how ready a lawyer is to take a case to verdict. His office is at 1131 Park Avenue, San Jose, CA 95126. Phone (408) 295-2105.
- Medical negligence trials
- Arbitration and mediation, useful for claims against arbitration-only health plans
- Personal injury and animal attack cases
4. Abronson Law Offices
Louis Abronson, a UC Davis law graduate, has 27 years in practice. His firm pairs medical malpractice with civil rights work, a useful mix when a case involves a public institution. The office is at 332 N Second Street, San Jose, CA 95112, a short walk from St. James Park. Call (408) 687-9155.
- Medical negligence and wrongful death
- Civil rights cases
- Arbitration and mediation experience
5. Habbas & Associates
When a malpractice case needs a large team, Habbas & Associates brings one. Attorney Laura Ajlouny, a UC Law San Francisco graduate with 34 years of experience, handles medical malpractice for the firm. The firm reports more than $750 million recovered in verdicts and settlements and holds Martindale-Hubbell’s AV Preeminent rating. Visit 1501 The Alameda, San Jose, CA 95126, or call (408) 502-5643.
- Birth injuries and brain injuries
- Wrongful death after medical error
- No fee unless the firm recovers money
California Malpractice Rules That Apply in 2026
- Damage caps. Pain-and-suffering damages are capped at $470,000 in non-death cases and $650,000 in death cases for claims in 2026. These limits rise each year until they reach $750,000 and $1 million.
- No cap on economic loss. Medical bills, future care, and lost earnings are fully recoverable, so detailed life-care plans matter.
- Fee limits. Lawyers can charge no more than 25% if a case settles before a lawsuit is filed, and 33% after filing.
- Filing deadline. You generally have one year from discovering the injury, and no more than three years from the date it happened.
- Kaiser members. Claims against Kaiser Permanente, including its San Jose Medical Center on Hospital Parkway, usually go to private binding arbitration rather than court.
- County hospitals. Claims involving Santa Clara Valley Medical Center require a government claim, usually within six months.
FAQs
Q1. How much does a medical malpractice lawyer cost in San Jose?
Nothing upfront. California caps fees at 25% before a lawsuit is filed and 33% after, and you pay only if money is recovered.
Q2. How long do I have to sue for medical malpractice in California?
One year from when you discovered the injury, and no later than three years from when it occurred, with longer limits for minors.
Q3. What is the medical malpractice cap in California for 2026?
Non-economic damages are capped at $470,000 for injury cases and $650,000 for wrongful death cases.
Q4. Can I sue Kaiser for medical malpractice in San Jose?
Yes, but most Kaiser members must bring the claim through binding arbitration rather than a court trial.
Q5. What proves medical malpractice?
Medical records plus testimony from a qualified expert showing the care fell below the accepted standard and caused harm.