Skip to content
Malpractice Center

Best Medical Malpractice Lawyers in San Jose, CA (2026)

For this evidence-based 2026 list of San Jose-area malpractice lawyers, we considered how much malpractice work each firm handles alongside its published results, client reviews and professional recognition.

Sources checked

3 lawyers and firms

San Jose, California, with a tree-lined street and distant hills.

The short answer

Habbas & Associates leads this list partly because clients praise its communication, and its professional recognition also helped place it first. You'll want to know who would take your claim before calling, along with how much of the firm's work involves medical malpractice. What are the fees, and how are case costs handled? You'll need to discuss filing rules soon, so read the California law guide.

At a glance

  1. 1Habbas & AssociatesFree consultation4.7 out of 5
  2. 2Moseley Collins LawFree consultation5.0 out of 5
  3. 3Law Offices of Esra JungFree consultation4.9 out of 5

Best Medical Malpractice Lawyers in San Jose

  1. 1

    Habbas & Associates

    Google4.7(361): rated 4.7 out of 5 from 361 Google reviewsLeave a review

    Best for: Families seeking supportive communication

    Clients describe a caring response from Habbas & Associates. Reviewers say the team kept them informed, which helped earn the firm its place here; its professional recognition also counted in that choice. The firm's attorney list includes Omar Habbas and Angela Storey.

    CallWebsiteFree case reviewIs this your firm?
    How they were picked

    Stood out in our review for the recognition it has earned and what its clients say.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  2. Moseley Collins Law logo2

    Moseley Collins Law

    Google5.0(706): rated 5.0 out of 5 from 706 Google reviewsLeave a review

    Best for: Birth injury and misdiagnosis claims

    Moseley Collins Law's site names birth injury and misdiagnosis among its malpractice claims, along with hospital negligence. Those details give families a clearer place to start when asking about a particular medical event. Its Google listing shows a 5 rating across 706 reviews.

    CallWebsiteFree case reviewIs this your firm?
    How they were picked

    Stood out in our review for what its clients say.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  3. Law Offices of Esra Jung logo3

    Law Offices of Esra Jung

    Google4.9(102): rated 4.9 out of 5 from 102 Google reviewsLeave a review

    Best for: Wrongful death claim inquiries

    Law Offices of Esra Jung has its office in Sunnyvale, 9 km outside San Jose. The site lists wrongful death along with medical malpractice and nursing home neglect, which gives your family somewhere to start if you're considering a death claim. Clients often describe cases that moved efficiently, with useful explanations along the way.

    CallWebsiteFree case reviewIs this your firm?
    How they were picked

    Stood out in our review for what its clients say.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  4. Not sure who to call first?

    Tell us what happened. A malpractice lawyer who serves San Jose can look at it with you, and it costs nothing.

See every malpractice firm in San Jose
Handle medical malpractice cases in San Jose? Receive case requests from people here.For lawyers

Where they are in San Jose

A few minutes that might help

Questions about your own case?
How a malpractice claim usually moves in California

  1. 1.Something went wrong

    Write down dates and names while they're fresh.

  2. 2.Get your records

    Ask for your full chart and test results.

  3. 3.Free case review

    A lawyer looks at what happened, free.

  4. 4.Medical opinion

    A doctor checks whether the care fell short.

  5. 5.Notice before suing

    Some places need a notice before a claim.

  6. 6.File before the deadline

    Your lawyer starts the claim before the deadline.

  7. 7.Settlement or trial

    Many claims settle. Some go to a judge or jury.

Your deadline: 3 years from the injuryRead the California law guide

Each step in more detail

  1. Initial review

    To help the lawyer check your filing deadline, describe the treatment, including when you first suspected an injury. Generally, the earlier deadline applies: 3 years from injury or 1 year from discovery. When the patient is a child, ask which children's rules apply.

  2. Records and medical assessment

    Before proceeding, ask how the firm would obtain your chart for review, including any relevant delivery notes. If it would seek a medical opinion, ask who would pay for that opinion. Bring up missing records now, too.

  3. Decision and filing

    Once the firm takes your claim, ask about the complaint (it's the document that starts the lawsuit). Although California doesn't require a certificate of merit to sue a health care provider for negligence, you must get court permission before claiming punitive damages.

  4. Evidence and negotiations

    As your claim moves forward, ask how the lawyer will keep you informed about evidence, including settlement discussions. Only non-economic damages fall under California's MICRA cap, including pain and suffering. Economic damages aren't capped by it.

  5. Settlement or court decision

    Whether through a settlement or a court decision, your claim may come to an end. At judgment, award or settlement, the MICRA cap amount then in force applies. Before accepting a settlement, have the lawyer explain how fees and expenses would reduce the amount you'd receive, including what would be left after deductions.

Malpractice claims in San Jose: the rules that matter

The filing deadline in California
  1. The clock startsOn the day of the injury
  2. Time to start a claim3 yearsMiss it and the claim is usually lost.
  3. At the very most3 yearsafter the treatment, with a few exceptions
Limits on damages in California
  • Pain and sufferingCapped at $470,000
  • All damages togetherNo overall cap
  • Expert paperworkNo certificate of merit is required to sue a health care provider for negligence.

Read the California law guideWork out your own deadline

Local hospitals

Star ratings from CMS Care Compare. Look up a hospital

Filing deadline for most malpractice claims in California
3 years
Source
Outer limit (statute of repose)
3 years
Source
Hospitals near San Jose with a CMS star rating
3
Source

What a malpractice lawyer costs in San Jose

  1. The first callOften free. Ask before you book.
  2. A written agreementThe share the lawyer takes, set out before work starts.
  3. If you recover moneyThe agreed share and the case costs come out of it.
  4. If the claim failsNo legal fee on a contingency agreement. Ask about costs.
According to every listed firm, fees are on contingency. The lawyer receives a share of any recovery under this arrangement, but there's no lawyer's fee if the claim fails. You'll also need to consider the cost of records and medical opinions, as well as court fees. The firms' listed terms leave unanswered who pays expenses upfront, so they don't tell you who would owe that money without a recovery. Before signing, ask. Ask for a written explanation showing how expenses would reduce the money you'd receive, and whether you'd have to pay any costs yourself. A free consultation is also offered, each firm says.

According to each of the three listed firms, consultations are free and the firm works on contingency.

What to bring to your first call

  • Any relevant delivery notes among the medical records you have
  • Dates of treatment, plus when you first suspected an injury
  • Who provided treatment, including the names of the hospitals involved
  • Records of injury-related expenses, including your medical bills
  • Letters or messages you've received from the hospital or insurer
  • Photos relevant to the injury, if you have any
  • What happened, written as a brief timeline
  • If the claim involves a child, your child's birth date

Questions to ask a lawyer

  1. 1For treatment like mine, how many malpractice claims have you handled?
  2. 2If you take my file, which lawyer would handle it?
  3. 3What's your process for reviewing medical records?
  4. 4For my situation, what's the filing deadline?
  5. 5If I hire you, how would I pay fees and case expenses?
  6. 6If my claim fails, could I owe costs?
  7. 7When you have updates, how will you contact me?
  8. 8Before deciding whether to take my case, what would you need?

Choose around your medical event

When choosing a firm, start with what happened, not its rating. If a delivery injury occurred, ask about birth injury claims; after a missed diagnosis, ask about cases involving that specific condition. Birth injury appears on Habbas & Associates' list. While Moseley Collins Law's site names misdiagnosis and hospital negligence, Law Offices of Esra Jung includes medical malpractice as part of a broader injury practice.

Who would read your chart, and has that person handled a claim involving treatment like yours? Ask before choosing a lawyer. We haven't identified a published malpractice result for any of these firms. You'll need to ask about comparable cases directly, since results from other kinds of injury claims don't tell you about work involving treatment like yours.

Use the consultation to check the working relationship

  • Find out who would handle your file before hiring, and who you'd call with questions. Would you keep working with the lawyer you're speaking to? Ask outright.
  • Tell the firm early how you need to communicate, and ask how it would arrange updates for you. Calls can be hard to manage while you're receiving treatment or caregiving.
  • Before it decides whether to take your claim, what does the firm need? Write down your treatment dates and bring them, noting when you first suspected that something had gone wrong.

Every firm listed says it offers free consultations and works on a contingency fee. That free conversation doesn't mean the firm has agreed to take your case, though. A contingency fee gives the lawyer a share of any recovery, but you don't owe a lawyer's fee if the claim fails. Ask what medical records and medical opinions would cost before signing, since those expenses are separate from the lawyer's fee.

Watch for promises and unclear terms

Treat a promise of a payout with caution. Find out who would pay expenses without a recovery before you sign a written fee agreement. A high review score doesn't replace asking about the firm's malpractice work. Ask again before hiring if the firm has explained how it works but you still can't tell who's responsible for your file.

This page isn't legal advice; it's general information. Don't wait until you've answered every question to contact a lawyer if you think the filing deadline could be close.

Questions people ask

How long do I have to file a malpractice claim in San Jose?
Generally, California requires filing within 3 years of injury or 1 year after you discovered it, including when you reasonably should have discovered it; the earlier deadline applies. Even so, don't assume you have the full 3 years. To check your dates against the rule in Code of Civil Procedure § 340.5, speak with a California lawyer.
Can I speak with a lawyer without paying a consultation fee?
According to every listed firm, the consultation is free. After explaining what happened, ask if the firm takes malpractice claims like yours. Before booking, find out what's included in the free consultation. Because that conversation doesn't mean the firm has agreed to represent you, ask for written fee terms before you hire it.
What does a contingency fee mean for my family?
If the claim fails, you pay no lawyer's fee under a contingency arrangement; the lawyer takes a share of any recovery. According to every listed firm, that's how its fees work. Expenses aren't included. Because the listed terms don't explain expenses, ask who pays for records and medical opinions, including whether you could owe costs without a recovery.
Do I need a certificate of merit before suing?
In California, you can sue a health care provider for negligence without first getting a certificate of merit. Even with that rule, you don't know whether your claim can proceed. To understand the review, ask how a lawyer would assess your medical records. Before you can claim punitive damages, California Code of Civil Procedure § 425.13 requires you to get court permission.
Are damages capped in California malpractice cases?
Under California's MICRA law, only non-economic damages are capped, including pain and suffering. There's no cap on economic damages. Because the amount in force at judgment, award or settlement applies, you shouldn't assume the cap is what it was on your treatment date. To understand what that means for your losses, ask a California lawyer to explain the rule.
Does a child have a different filing deadline?
Yes. Although a child must sue within 3 years of the wrongful act, a child under 6 has until the later of 3 years or the eighth birthday. To check the deadline, give a California lawyer the treatment date and your child's age. Even for a child, don't assume the claim can wait until adulthood.
How long will a malpractice claim take?
No timetable is stated for finishing a case. Even knowing the filing deadline won't tell you how long litigation will take. Before the next stage, ask how the firm will explain it and what review your records need. If the expected process changes, request an update instead of relying on a promised date for finishing the case.
What should I do before calling a San Jose-area firm?
When writing down treatment dates, include when you first suspected an injury. After gathering the records you have, ask what else the firm needs. If a deadline is approaching, mention it immediately. While Law Offices of Esra Jung has its office in nearby Sunnyvale, Habbas & Associates and Moseley Collins Law have offices in San Jose.
Who can I contact if a loved one died after medical care?
Wrongful death appears among the claims handled by Moseley Collins Law and Law Offices of Esra Jung, according to their listings. If the death involved medical care, ask whether they'd take that claim. Before proceeding, you'll also need to ask who can bring the claim, including which deadline applies. Because general filing information can't answer those questions for your family, have a California lawyer review what happened.

Sources

  1. California Code of Civil Procedure § 340.5, California Legislative Information
  2. California Civil Code § 3333.2, California Legislative Information
  3. California Code of Civil Procedure § 364, California Legislative Information
  4. State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
  5. Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
  6. Hospital General Information, Centers for Medicare & Medicaid Services
  7. Malpractice Center methodology, Malpractice Center

Nearby cities

Hurt by medical care in San Jose? Let's talk it through.

Most people who reach out aren't sure yet, and that's fine. Share a few lines and a malpractice lawyer near you can look at it with you, at no cost.

  • It's free, and talking to a lawyer doesn't commit you to anything.
  • Where we know the local rules, you'll see your likely filing deadline right away.
  • Your answers are encrypted and never sold or used for ads.

Start with one question

Want your firm included on this list?

Tell us about your firm and we'll be in touch.

  • Best Medical Malpractice Lawyers in San Jose, CA (2026)

Hurt by medical care?Talk it through with a lawyer, free.