Medical Malpractice Lawyers
San Jose Medical Malpractice Lawyers
When you trust a doctor, nurse, or hospital with your health, you expect safe and professional care. Sadly, mistakes happen—and the results can be devastating. From permanent injuries to wrongful death, medical negligence changes lives in an instant.
At the Law Offices of Kenneth C. Odiwe, our medical malpractice lawyers in San Jose fight for patients and families harmed by negligent care. With years of experience and proven results, we stand up to hospitals, doctors, and insurers to protect your rights.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing harm to a patient. Not every poor outcome qualifies—but if negligence caused your injury, you may have grounds for a claim.
Some common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors and wrong-site surgeries
- Medication mistakes or wrong prescriptions
- Birth injuries to mothers or newborns
- Anesthesia errors
- Hospital negligence, such as infections due to poor sanitation
Common Types of Medical Malpractice Cases in San Jose
Medical malpractice can take many forms, but some errors occur more often than others. In San Jose, patients frequently suffer harm from misdiagnosis, surgical mistakes, or prescription errors. Negligence during childbirth is another leading cause, leaving infants or mothers with permanent injuries. Hospital-related negligence—such as unsanitary conditions or delayed treatment—also remains a major issue.
Our medical malpractice lawyers work with medical experts to prove how these errors occurred and to hold the responsible providers accountable. Each case is unique, but identifying the most common forms of malpractice helps us build strong arguments for our clients.
Types of Medical Malpractice Cases We Handle in San Jose, CA
At the Law Offices of Kenneth Chike Odiwe, our team has represented clients in a wide range of medical malpractice cases in San Jose. We take on claims involving:
- Delayed or missed diagnoses that make treatable illnesses life-threatening.
- Surgical negligence, including wrong-site procedures and retained surgical tools.
- Medication and pharmacy mistakes, such as incorrect dosages or harmful drug interactions.
- Birth-related injuries, including cerebral palsy, brain damage, and oxygen deprivation.
- Anesthesia errors that lead to serious complications or wrongful death.
- Hospital negligence, such as infections caused by poor sanitation or inadequate staffing.
When you choose our firm, you get the support of a dedicated medical malpractice cases law firm in San Jose that understands how devastating these errors can be. We fight to uncover the truth and pursue maximum compensation for victims and their families.
Proving a Medical Malpractice Claim
Building a malpractice case is complex. Our San Jose medical malpractice lawyers must establish that:
- The provider owed you a duty of care.
- That duty was breached by negligence.
- The breach caused your injury.
- You suffered damages such as medical bills, lost wages, or lasting pain.
We partner with medical experts to review records, identify errors, and provide testimony that strengthens your case.
Compensation Available in a Medical Malpractice Case
Victims of negligence may recover both financial and non-financial damages, including:
- Past and future medical expenses
- Lost wages and reduced earning ability
- Pain, suffering, and emotional distress
- Rehabilitation costs and long-term care
- Loss of companionship in wrongful death cases
Our medical malpractice attorneys in San Jose work tirelessly to calculate the full value of your case and demand maximum compensation.
California Medical Malpractice Laws You Should Know
If you’re thinking about filing a medical malpractice claim in California, it’s important to understand the laws that shape your case. These rules decide how long you have to take action, what kind of compensation you can ask for, and the evidence needed to prove your claim.
- Statute of Limitations: In most cases, you have one year from the day you discovered the malpractice—or three years from when the injury happened. For young children under six, families have until the child’s 8th birthday to file a claim.
- Damage Caps: California places a $250,000 limit on non-economic damages like pain and suffering. The good news is that economic damages, such as medical bills, lost wages, and future care expenses, are not capped.
- Expert Testimony: Before your case moves forward, a qualified medical expert must confirm that the care you received fell below accepted standards. This step is critical to proving negligence.
These rules can feel overwhelming, but you don’t have to figure them out on your own. At The Law Offices of Kenneth C. Odiwe, our team is here to guide you, protect your rights, and help you pursue the justice you deserve.
Why Medical Malpractice Cases Are Challenging
Hospitals and insurance companies have powerful legal teams. Without skilled representation, victims are often left with little or no compensation. That’s why choosing an experienced medical malpractice cases law firm in San Jose can make the difference between walking away empty-handed and securing the justice you deserve.
What to Do If You Suspect Medical Malpractice in San Jose
Realizing a medical mistake may have harmed you or your loved one is stressful and confusing. Taking a few quick steps can help protect your health and legal rights.
- Request your medical records immediately.
- Document your symptoms, treatments, and interactions with providers.
- Avoid signing paperwork from insurers before speaking with a lawyer.
- Contact a medical malpractice lawyer in San Jose as soon as possible.
These actions preserve key evidence and put you in the best position to pursue justice. Acting quickly can make all the difference.
How Our Medical Malpractice Lawyers Help You
Dealing with the impact of medical negligence can feel overwhelming, especially when you’re facing hospitals, insurance companies, and complex legal rules. That’s where our dedicated team steps in—to guide you through every step and fight for your rights.
At the Law Offices of Kenneth C. Odiwe, we manage every step:
- Reviewing records and consulting medical experts
- Investigating negligence and hospital errors
- Negotiating with insurers for fair settlements
- Filing lawsuits or arbitration when necessary
- Taking cases to trial when justice requires it
Our goal is to handle the legal burden so you can focus on your recovery. With our experience and commitment, we work tirelessly to secure the best outcome for you and your family.
Why Choose the Law Offices of Kenneth C. Odiwe?
Choosing the right attorney after medical negligence can make all the difference in your case. You need a legal team that combines skill, compassion, and proven results.
- Proven Results – Millions recovered for patients and families.
- Local Experience – Deep knowledge of San Jose courts and California malpractice laws.
- Compassionate Support – You’ll never be treated like a case number.
- No Upfront Fees – We only get paid if we win for you.
With our dedicated approach, we work tirelessly to secure the compensation you deserve. Our commitment is not just to win cases, but to give every client confidence, clarity, and peace of mind throughout the legal process.
Contact Our San Jose Medical Malpractice Lawyers Today
If you or a loved one has been harmed by negligent care, don’t wait. Our medical malpractice lawyers in San Jose are ready to review your case, explain your rights, and fight for the justice you deserve. You can meet us at our office conveniently located at 2880 Zanker Rd Suite 203, San Jose, CA 95134, United States, or call us directly for immediate help.
📞 Contact the Law Offices of Kenneth C. Odiwe today for a free consultation.
Medical malpractice happens when a doctor, nurse, or another healthcare provider makes a mistake that no reasonable professional should have made, and that mistake causes you harm. It could be a wrong diagnosis, a surgical error, or even failure to treat your condition on time.
In most cases, you have one year from the day you realized something went wrong, or up to three years from the actual date of the medical mistake—whichever comes first. For children under six, the deadline can be extended until their 8th birthday.
Yes. California requires an expert witness—usually another doctor—to review your records and confirm that the care you received fell below accepted medical standards and that it caused your injury.
Yes, California has a law that limits non-economic damages like pain, suffering, and emotional distress to $250,000 in most medical malpractice cases. However, there’s no cap on financial losses such as medical bills or lost income.
You may be able to hold multiple parties accountable. For example, a doctor, a hospital, or even a testing lab might share responsibility if their combined mistakes led to your injury. Your attorney will look closely at every part of your care to identify all liable parties.