Milpitas, CA Medical Malpractice Lawyer - Hospital Negligence Attorneys

Moseley Collins Law is a prominent law firm that helps victims of medical malpractice in Milpitas and surrounding areas in Santa Clara County hold negligent doctors and hospitals accountable. With over 40 years of experience, our dedicated legal team has recovered millions for clients nationwide.

If you or a loved one suffered an injury because of a healthcare provider's mistakes in Milpitas or Santa Clara County, contact our medical malpractice lawyers for a free consultation today at 800-426-5546. We can review your case details and advise you on the best path forward.

Introduction to Medical Malpractice in Milpitas, CA

Medical malpractice occurs when a doctor, nurse, technician, or other medical professional provides substandard care that directly causes a patient harm. Hospital negligence is a form of medical malpractice that happens when inadequate policies, unsafe conditions, errors, or lack of supervision for staff at a hospital leads to patient injury.

Some common surgical errors and medical treatment mistakes that constitute medical negligence include:

  • Misdiagnosis or delayed diagnosis of a serious illness or condition
  • Medication errors with prescription drugs or anesthesia
  • Childbirth injuries to mother or baby
  • Improper performance of surgery
  • Failure to recognize symptoms
  • Ordering the wrong treatment or wrong site surgery
  • Not ordering necessary treatment
  • Unsanitary conditions and infections

The experienced medical malpractice lawyers at Moseley Collins Law hold healthcare providers accountable when they fail to meet the accepted standard of care. We have successfully handled negligence cases against providers ranging from doctors, nurses, hospitals, medical groups, EMTs, clinics, and more on behalf of injured victims in the Milpitas area and throughout Santa Clara County.

Major Hospitals Serving Milpitas

Major Hospitals Serving MilpitasO'Connor Hospital

O'Connor Hospital is a 358-bed acute care hospital and trauma center located on 41st Street in San Jose. It offers various inpatient and outpatient services including emergency care, cancer treatment, orthopedics, stroke rehabilitation, maternity center, cardiac care, physical therapy, and more.

Regional Medical Center of San Jose

The Regional Medical Center of San Jose is a 212-bed hospital on Moorpark Avenue providing specialized programs like physical medicine, substance abuse treatment, psychiatric services, wound care, dialysis, care for those with disabilities, skilled nursing facilities, and more.

Santa Clara Valley Medical Center

Owned by the county, Santa Clara Valley Medical Center operates as a public hospital system with clinics throughout the region. The main location is a 574-bed hospital in San Jose delivering trauma, maternity, burn, rehabilitation, psychiatric emergency, and skilled nursing care.

San Jose Kaiser Permanente Medical Center

This Kaiser hospital and medical offices on Homestead Rd in Santa Clara offer comprehensive inpatient/outpatient care with cutting-edge technology and modern evidence-based medicine. Services cover areas like oncology, neurology, cardiology, gynecology, orthopedics, and family medicine.

No matter which hospital, doctor's office, clinic, or medical facility you received care at, our firm can fully investigate what happened and build a strong case if we uncover negligence was involved.

Areas Served by Our Medical Malpractice Lawyers

In addition, those in the city of Milpitas, our lawyers help victims of healthcare negligence throughout the surrounding region of Santa Clara County, including:

  • San Jose
  • Santa Clara
  • Sunnyvale
  • Mountain View
  • Palo Alto
  • Los Altos
  • Campbell
  • Cupertino
  • Saratoga
  • Los Gatos
  • Monte Sereno
  • Alviso
  • Loyola

If you suffered harm anywhere in Santa Clara County because of medical errors, we encourage you to reach out. We aggressively pursue cases against healthcare providers and institutions across the county.

Frequent Medical Malpractice Cases We Handle

Moseley Collins Law lawyers have extensive experience handling a wide array of complex medical malpractice cases in Milpitas and Santa Clara County. Some of the most common types of injuries and mistakes we see that cause patients long-term, life-altering harm include:

Birth Injuries

Childbirth complications can lead to devastating injuries for both mothers and newborns. Birth injuries from medical negligence may include:

  • Brain damage or cerebral palsy from oxygen deprivation
  • Nerve damage during delivery causes paralysis
  • Infant fractures during childbirth
  • Failure to perform emergency C-section when necessary
Misdiagnosis and Delayed Diagnosis

Failing to promptly and correctly diagnose a condition or illness can allow it to significantly worsen, causing disability or death that timely treatment could have prevented. We've successfully handled many cases where a provider's misdiagnosis or delay resulted in substantial harm to a patient.

Surgical Errors

Even routine surgeries can go wrong when surgeons are negligent. Surgery mistakes we've seen patients endure due to substandard care include:

  • Operating on or removing the wrong body part
  • Leaving surgical equipment inside a patient's body
  • Tissue damage or organ perforation during surgery
  • Anesthesia errors
Nursing Home Abuse

Elderly nursing home residents rely on facilities, nurses, and caretakers to meet all their health and safety needs. When nursing homes fail to provide adequate care, bed sores, preventable infections, injuries from falls, malnutrition, dehydration, emotional abuse, and neglect can occur.

Emergency Room Errors

When every minute counts, ER delays and mistakes can radically impact patient outcomes. Failing to thoroughly assess symptoms, not ordering time-sensitive tests, releasing unstable patients, and not consulting specialists have all caused patients lasting damage.

The medical malpractice lawyers at Moseley Collins Law handle these and other types of physician negligence and hospital liability cases. We conduct exhaustive reviews of medical records to build compelling arguments on our client’s behalf and challenge healthcare systems to take responsibility.

Proving Medical Malpractice with Expert Witnesses

Proving Medical Malpractice with Expert Witnesses

Successfully winning compensation in medical negligence cases requires proving through expert testimony that a provider breached the medical standard of care resulting in injury or death. Extensive medical knowledge and resources are imperative when fighting hospitals and insurance companies.

Moseley Collins Law assembles a litigation team that includes nurses, specialists, researchers, and other medical experts with similar credentials to the defendant. Thoroughly understanding all clinical issues and standards for diagnosis, treatment, medication, follow-ups and more allows our lawyers to establish exactly where patient care went wrong.

We gather all pertinent medical records, lab reports, test results, and any other evidence to recreate a complete sequence of events. By working with renowned medical experts to methodically break down each action and decision (or lack of appropriate action and decisions), we can compellingly demonstrate how patient harm directly resulted from negligent actions.

Hospitals often have significant resources to defend claims against them and typically argue patient conditions are unpredictable or unavoidable. With fiercely determined lawyers and extensively researched support from medical experts, we've overcome similar defenses hospitals mount to shift blame from their mistakes.

Elements Necessary for a Medical Malpractice Claim

For victims of medical negligence to have a valid case, certain legal criteria must be met. These essential elements are:

  • Duty of Care - Healthcare providers have a legally required responsibility to uphold accepted standards of care toward patients. Doctors, nurses, and hospitals all owe patients a duty of safe, ethical, and reasonable treatment in line with what other professionals in their fields would provide.
  • Breach of Duty - The care, skill, or knowledge demonstrated by a medical provider fails to reach the expected level of care required by the duty owed to a patient. Often a breach happens when unreasonable mistakes or delays occur from factors like unreliable systems, understaffing, lack of supervision, or overt errors.
  • Injury Caused by Breach - It must be directly evident that a provider breaching their duty of care led to identifiable harm. Speculation about injuries is not enough. Clear proof must establish the patient suffered worsened health, pain, disability, loss of wages, or other damages from the breach.
  • Significant Harm - The law does not allow malpractice suits for minor harms. The injuries caused by medical negligence must be substantial, require prolonged care, or have permanency. Many of the cases we handle involve clients who now need constant expensive medical treatments or are unable to work and earn an income again.

During a free consultation, our medical malpractice lawyers assess cases to ensure these key legal criteria can be met with supporting evidence before agreeing to provide representation. We turn away instances that lack provable significant injury resulting from clear medical negligence. Our selective case acceptance allows us to dedicate substantial resources toward building strong arguments for victims who have endured life-changing harm from preventable mistakes.

Statutes of Limitations on Medical Malpractice Claims

If you intend to file a medical malpractice lawsuit, it is imperative to act promptly and not exceed strict statutes of limitations. These limit how long after an incident of negligence a claim can be brought seeking compensation.

In California, patients normally have one year from the injury date to file a malpractice claim. Minors who were injured by negligence typically have until the age of eight to pursue legal action. Additionally, a notice of intent to sue must first be delivered to defendants at least 90 days before a case is filed.

A lawyer can advise on specific timelines related to the circumstances and parties involved in a case. At Moseley Collins Law, we immediately investigate new client medical records to help determine applicable deadlines and ensure no legal rights are lost by delaying.

Why Hire Us for Your Medical Negligence Case?

Victims of medical mistakes suffer enough dealing with serious injuries and losses without having the further burden of fighting hospitals and insurers on their own. Trying to handle the legal complexities of malpractice cases while coping with health issues typically only leads to frustration.

The skilled medical malpractice lawyers at Moseley Collins Law level the playing field by aggressively confronting all parties liable for client injuries. We shoulder all the litigation responsibilities while providing compassionate support. Our decades of specialty experience also offer clients unique advantages, such as:

  • Industry Leading Resources - Few firms can match the expertise, research capabilities, professional networks, and funding we dedicate toward building strong negligence cases. Clients benefit directly from all the resources we utilize.
  • Esteemed Credibility - Our long history of taking negligence cases to trial bolsters our reputation when fighting for just compensation against unreasonable insurance offers.
  • Fearless Advocacy - Even when opposing unlimited healthcare system money and legal power, we relentlessly expose the truth and demand justice for those injured by medical errors.

We welcome inquiries from those wondering if they have a legitimate case and may qualify for significant compensation. Our main goal is easing the difficulties clients now face because of medical negligence, so they can focus energy on recovery and restoring their quality of life.

Frequently Asked Questions (FAQs)

Frequently Asked Questions (FAQs)How much does it cost to hire a medical malpractice lawyer?

Our firm works exclusively on a contingency fee basis for malpractice cases. This means clients owe no upfront fees. We only collect a percentage if and when we secure compensation on your behalf through settlement or jury verdict. You have zero financial risk by hiring us to review, build, and fight your case.

How likely is it a medical malpractice claim will be successful?

Each case has unique factors that determine the potential for success. Nationally, studies show that 27% to 32% of malpractice claims result in a settlement or verdict for the plaintiff. Our ability to construct robust and compelling cases on our client’s behalf significantly promotes more favorable outcomes. With our decades of specialty experience and tenacity, Moseley Collins Law has achieved consistently high success winning just compensation for clients harmed by negligence.

Can I file a malpractice suit for a death caused by medical errors?

Yes, it is completely legal and common for surviving family members to file wrongful death lawsuits against healthcare providers whose negligence caused a patient's death. This pursues economic damages the decedent’s death caused relatives, as well as non-economic damages like losing companionship and grief. A medical malpractice lawyer experienced in wrongful death cases can navigate the complex legal process on your family’s behalf.

What kinds of mistakes typically constitute medical negligence?

Some frequent categories of errors that often establish medical negligence include surgical mistakes, childbirth injuries, misdiagnosis or delayed diagnosis, medication errors, failure to monitor critical symptoms, improper treatment, substandard care at nursing homes or hospitals, not recognizing medical device defects, anesthesia errors, and more. Our lawyers investigate the specific circumstances of each case to uncover the breaches and record a trail of preventable mistakes made.

With extensive experience handling a wide variety of complex medical negligence claims over decades, the lawyers at Moseley Collins Law offer skilled representation toward recovering deserved compensation. Please call today at 800-426-5546 for a free consultation about your case. Our lawyers can assess your situation, answer all questions, and discuss your legal options.

Client Reviews
"When I was injured I felt truly hopeless. I didn't know where to turn when I was released from the hospital. Luckily, I remembered your phone number and I called you. You won a nice settlement for me. Thank you!" Charles T.
"May God bless you always, Moseley and your wonderful staff. You all were there for us when we needed it most. We are forever grateful." Tina N.
"Everyone at the law firm was helpful, considerate and courteous. I would highly recommend Moseley Collins. Thank you so much." Robyn D.