1. The Boccardo Law Firm
Focus Area: Medical malpractice resulting in serious injury or wrongful death, with emphasis on cases requiring extensive lifetime medical care
Practice Areas: Medical malpractice, surgical errors, misdiagnosis, hospital negligence, birth injuries, medication errors, wrongful death
Background: The Boccardo Law Firm brings over 80 years of experience in medical malpractice litigation. The firm represents victims throughout San Jose, the San Francisco Bay Area, and Northern California. Their approach focuses on documenting lifetime medical care needs to maximize economic damages recovery, which is particularly important given California’s MICRA cap on non-economic damages. The firm hires qualified medical doctors and experts to identify medical errors and build compelling cases.
Location: San Jose, California
Contact: (408) 298-5678 | https://www.boccardo.com/
Consultation: Free case consultation available; contingency fee basis
2. Dr. Bruce Fagel, Attorney at Law
Focus Area: Complex medical malpractice cases including surgical errors, diagnostic failures, emergency room negligence, and medication errors
Practice Areas: Medical malpractice, surgical errors, misdiagnosis, hospital negligence, emergency room malpractice, medication errors, birth injuries, wrongful death
Background: Dr. Bruce Fagel holds both a medical degree and law degree, providing unique qualifications to evaluate and litigate medical malpractice cases. He has more than 40 years of experience and has tried and settled more medical malpractice cases than any other attorney in California. The firm has successfully handled hundreds of medical malpractice lawsuits throughout California, including cases involving failure to treat injuries by ignoring symptoms and emergency department negligence.
Location: Serves San Jose (offices in Los Angeles and San Francisco)
Contact: (800) 541-9376 | https://fagellaw.com/
Consultation: Free consultation available
3. Moseley Collins Law
Focus Area: Hospital negligence, surgical complications, diagnostic errors, and emergency room malpractice at Santa Clara County medical facilities
Practice Areas: Medical malpractice, hospital negligence, surgical errors, misdiagnosis, delayed diagnosis, medication errors, emergency room errors, birth injuries
Background: Moseley Collins Law has over 40 years of experience helping victims of medical negligence throughout California. The firm has recovered millions for clients and has set landmark verdicts upholding accountability among medical professionals. The investigation process involves obtaining all medical records and having them reviewed by independent medical experts. The firm serves clients in Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale.
Location: San Jose, California (offices throughout California)
Contact: (800) 426-5546 | https://www.moseleycollins.com/
Consultation: Free case evaluation; contingency fee basis
4. Arias Sanguinetti Wang & Team, LLP
Focus Area: Medical malpractice cases involving significant damages, surgical errors, and hospital system negligence requiring substantial expert investment
Practice Areas: Medical malpractice, surgical errors, diagnostic errors, hospital negligence, birth injuries, medication errors, wrongful death
Background: Arias Sanguinetti has recovered over $2 billion for clients across all practice areas. The firm maintains an experienced team of medical malpractice attorneys and coordinates with medical experts to strengthen cases. The attorneys understand California medical malpractice law including MICRA caps and focus on documenting comprehensive damages to maximize recovery. The firm provides thorough investigation and maintains strong communication throughout the legal process.
Location: Serves San Jose (headquarters in Los Angeles)
Contact: (310) 844-9696 | https://aswtlawyers.com/
Consultation: Free consultation; contingency fee basis (no fee unless successful)
5. Corsiglia McMahon & Allard, LLP
Focus Area: Catastrophic injury and wrongful death cases arising from medical negligence at Bay Area healthcare facilities
Practice Areas: Medical malpractice, catastrophic injuries, surgical errors, hospital negligence, birth injuries, wrongful death, personal injury
Background: Corsiglia McMahon & Allard is a San Jose-based firm with attorneys recognized in peer review ratings and by Best Lawyers in America since 1993. The firm handles complex personal injury and medical malpractice litigation throughout the San Francisco Bay Area. The attorneys have extensive trial experience and prepare cases thoroughly for both settlement negotiations and jury trial when necessary.
Location: 96 North Third Street, Suite 620, San Jose, CA 95112
Contact: (833) 279-4547 | https://www.cikilaw.com/
Consultation: Consultation available
Medical Malpractice Laws in California
Statute of Limitations
California law requires medical malpractice lawsuits to be filed within three years from the date of the injury OR within one year after the plaintiff discovers (or through reasonable diligence should have discovered) the injury, whichever occurs first. For foreign objects left inside a patient during surgery, the patient has up to one year from the date of discovery to file, but no more than 10 years from the date of the procedure. For minors under 18, parents or guardians must file within three years of the injury. Minors under age 6 have until their 8th birthday to file in some circumstances.
90-Day Notice Requirement
Before filing certain medical malpractice claims in California, the plaintiff may be required to provide 90-day notice to the healthcare provider. This notice period allows the healthcare provider an opportunity to review the claim and potentially resolve the matter before litigation.
Damage Caps (MICRA)
California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases. Assembly Bill 35, effective January 1, 2023, modernized these caps after they remained at $250,000 since 1975:
For cases NOT involving wrongful death: The cap began at $350,000 in 2023 and increases by $40,000 annually until reaching $750,000 in 2033. For 2025, the cap is approximately $430,000. After 2033, the cap adjusts by 2% annually for inflation.
For wrongful death cases: The cap began at $500,000 in 2023 and increases by $50,000 annually until reaching $1,000,000 in 2033. For 2025, the cap is approximately $600,000. After 2033, the cap adjusts by 2% annually for inflation.
AB 35 created three separate damage cap categories that may “stack” if multiple independent parties are negligent: (1) physicians and non-physician providers, (2) healthcare institutions, and (3) unaffiliated providers at separate institutions.
Economic damages including medical expenses, lost wages, and lifetime care costs are NOT capped and may be recovered in full.
Attorney Fee Limitations
MICRA limits attorney contingency fees in medical malpractice cases. AB 35 changed the fee structure from recovery-based tiers to timing-based tiers, with different percentages depending on whether settlement occurs before filing, after filing but before trial, or following trial.
Expert Witness Requirements
California medical malpractice cases require expert testimony to establish the applicable standard of care, prove the defendant breached that standard, and demonstrate causation between the breach and the plaintiff’s injuries. Experts must be qualified physicians or healthcare providers in the relevant specialty.
Comparative Negligence
California follows a pure comparative negligence rule. A plaintiff may recover damages even if they are partially at fault for their injuries, but the recovery is reduced by their percentage of fault. Unlike some states, there is no threshold percentage that bars recovery entirely.
Vicarious Liability
Healthcare facilities in California may be held vicariously liable for the negligence of their employees under respondeat superior. California also recognizes “ostensible agency” or “apparent agency,” which may hold hospitals liable for independent contractor physicians if patients reasonably believed the physician was a hospital employee.
Periodic Payments
Under MICRA as amended by AB 35, defendants may petition for periodic payments of future damages when the award exceeds $250,000 (increased from the previous $50,000 threshold). This provision allows large awards to be paid over time rather than in a lump sum.
Frequently Asked Questions
How do Silicon Valley’s major employers affect medical malpractice cases in San Jose?
San Jose and Santa Clara County are home to major technology companies whose employees often have comprehensive health insurance through employer-sponsored plans. When medical malpractice occurs, there may be subrogation claims from health insurers seeking reimbursement from any recovery. Additionally, many tech workers have high incomes, which can significantly increase economic damages for lost wages and loss of earning capacity in cases where injuries prevent return to work. These factors can make San Jose medical malpractice cases involving tech industry employees particularly complex.
What are my options if I was harmed at Stanford Health Care or El Camino Health?
Stanford Health Care and El Camino Health are major healthcare providers serving the San Jose area. Claims against these private healthcare systems follow standard California medical malpractice procedures including the statute of limitations and MICRA damage caps. You should obtain complete copies of all medical records, seek a second medical opinion, and consult with a medical malpractice attorney promptly. Large hospital systems have substantial legal resources, so your attorney will need to coordinate with qualified medical experts to build a strong case.
Why do many San Jose attorneys decline medical malpractice cases?
California’s MICRA caps on non-economic damages combined with the substantial cost of litigating medical malpractice cases (often $100,000 or more in expert fees, medical record review, and litigation costs) make many cases financially impractical. Even with the 2023 MICRA reforms increasing the caps, attorneys typically accept only cases involving significant economic damages (substantial lost wages, extensive future medical care needs) or wrongful death. Cases involving minor injuries, even if clearly caused by negligence, may not generate sufficient recovery to justify the litigation investment.
How does the Santa Clara County Superior Court handle medical malpractice cases?
Medical malpractice cases in Santa Clara County are assigned to the complex civil litigation department due to their technical nature. Cases typically proceed through case management conferences, written discovery, expert depositions, and mediation before reaching trial. The courts encourage settlement through mediation programs. Trial can be scheduled 18 to 30 months after filing, though court congestion and case complexity affect timing. Santa Clara County has a reputation for sophisticated juries given the educated local population, which can affect both plaintiff and defense strategies.
What should I do if I suspect medical malpractice at a San Jose urgent care or clinic?
First, seek appropriate follow-up medical care from a different provider to address your health needs. Request complete copies of all medical records from the urgent care or clinic, as California law entitles you to your records. Document your symptoms, treatment timeline, and any statements made by healthcare providers. Contact a medical malpractice attorney promptly because the one-year discovery rule within the three-year statute of limitations creates strict deadlines. Be aware that many urgent care facilities are staffed by nurse practitioners or physician assistants rather than physicians, which can affect the applicable standard of care analysis.