Los Angeles Failure to Diagnose Attorney
Trusted by Injured Patients to Fight for Them
When a doctor or medical provider fails to diagnose a serious condition, the consequences can be life-altering or even fatal. At Peterson Injury Law, we understand the fear and frustration that comes with learning your condition was missed, delayed, or overlooked when it reasonably should not have been. For decades, we have stood by the side of patients and families across California who were let down by the very professionals trusted with their care, and we have the results to prove that we fight hard for every client we represent.
People choose our firm first for failure to diagnose claims because:
- We have recovered more than $200 million for clients through settlements and verdicts.
- Our team has more than 30 years of experience handling complex medical malpractice litigation.
- We are led by Attorney Erik Peterson, who has been named to the Super Lawyers® list every year since 2006.
- Our team includes Client Intake Coordinator Kristin Dougherty, who is also a registered nurse with NICU and Telemetry Service experience.
If you believe a failure to diagnose has caused you or a loved one to suffer worsened harm, we are ready to listen and to help you understand your legal options. We believe that every case deserves our full, undivided attention, so we intentionally manage how many cases we accept at any given time. We would like to hear from you to see if we can help you through this difficult time and toward justice and compensation.
Call us at (213) 539-3152 today for a free case review. There is no obligation, and you pay no attorney fees unless we recover compensation for you.
What is a Failure to Diagnose?
A failure to diagnose occurs when a medical provider does not identify a condition that a reasonably competent provider, under the same or similar circumstances, would have identified. Such a failure includes situations where a diagnosis is missed entirely, where a correct diagnosis is significantly delayed, or where a provider incorrectly diagnoses a patient with one condition when they are actually suffering from another. In California, a failure to diagnose can form the basis of a medical malpractice claim when it can be shown that the provider's conduct fell below the applicable standard of care and that this deviation directly caused the patient to suffer harm they would not have otherwise experienced.
It is important to understand that not every missed diagnosis constitutes malpractice. Medicine is a complex field, and some conditions are genuinely difficult to detect. However, when a provider ignores warning signs, fails to order appropriate diagnostic tests, misreads test results, or dismisses a patient's reported symptoms without adequate examination, they may have crossed the line from an honest mistake into actionable negligence. If you sought medical care, trusted a professional with your health, and were later told that a condition went undetected during that care, and that the delay made things worse, you may have grounds to pursue compensation.
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$3.75 Million Anesthesia Error
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$6.25 Million Anoxic Brain Injury, Anesthesia Error
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Record-Setting $17 Million Birth Injury Settlement
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“Erik and his team were incredibly helpful. They consistently helped me through the unfamiliar and uncertain legal processes, which were all new to me. I trusted Erik always had my best interests in mind and was fighting on my behalf. I deeply appreciate all they did for me and my family.”- Peter M.
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“Erik and his paralegal, Kate, were incredible throughout our case. Erik is an amazing attorney, he was open with us from the very beginning, attentive, and always made sure we understood every step of the process. His honesty and professionalism gave us so”- Joyce D.
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“Working with Erik Peterson was an exceptional experience during one of the most difficult times in our lives. As we faced shock and a maze of medical decisions, Erik seamlessly took on our medical malpractice case with professionalism, compassion, and deep expertise. From our very first conversation, it was clear that Erik had both the knowledge and the sensitivity to guide us through the process with integrity. Erik ultimately secured a settlement that protected our financial future and gave us peace of mind to focus our energy on healing and recovery. We are profoundly grateful for his guidance and advocacy, and we cannot recommend Erik and his team highly enough.”- Jennifer B.
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“I am so very grateful to my lawyer, Erik and his team for his unwavering support, dedication and commitment. Thank you for all your hard work leading us to a victorious outcome in court!”- Quia K.
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“My wife and I are forever grateful to Erik and his team for putting the effort and care for our son and his needs. We chose Erik over another lawyer because they took the time to FaceTime with us and speak to us on a personal level which made us feel safe and heard. Throughout the process Erik was very communicative and detailed in explaining how all the legal things worked and how long things took. He was always truthful and honest but also caring. At the end Erik and his team were able to help us and now our son will have his needs met and a more comfortable life. Thank you.”- Adrian B.
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“He couldn't have managed independence to this extent, his current level of physical activity, or the complexity of his recent social interactions 6 months ago. None of it would have happened without ongoing therapeutic support - which has only been possible with the financial settlement.”- Former Client
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“Thank you Erik for winning our case! Erik and his team are superb. If you are in need of his attorney services, it is likely, like myself, that you are experiencing one of the most traumatic and painful times of your life. Of course you want an excellent lawyer - and he is it. The bonus: he is also a genuinely real and kind human being. I am so grateful to him and his team.”- Margaret C.
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“His knowledge and attention to detail was stellar, making me feel secure during a difficult case. Unlike most people in life, he was always upfront with me and kept me updated every step of the way, which is truly not what I was expecting from a lawyer. Although it was determined my case could take several years, especially during a pandemic, due to his dedication it was over in only 2yrs and made the process as easy for me as possible. I would absolutely recommend this firm and use him again if I ever need to, although I hope I don't.”- Kristy N.
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“My husband passed due to medical malpractice and I didn't know what to do or who to call. All I knew was I needed to get him justice. I researched and found Erik Peterson on google and reviewed various reviews on various sites. He was very patient and fought for me and my late husband. Erik told me what to expect ahead of time so I could prepare myself mentally. All in all, I HIGHLY recommend them to anyone who may need legal assistance in personal injury, medical malpractice and wrongful death. They are excellent and I can't say enough good things about them.”- Kiki A.
Common Types of Failure to Diagnose Cases We Handle
Failure to diagnose claims can arise in virtually any medical context, from primary care offices to hospital emergency rooms to specialty clinics. Some conditions are particularly prone to missed or delayed diagnoses, and the consequences of those oversights can be devastating.
Let us know if your medical provider failed to diagnose any of these conditions or any other:
- Cancer: Including breast, lung, colon, cervical, and skin cancers, where early detection is often the difference between successful treatment and a terminal prognosis.
- Stroke: A time-critical emergency where delayed recognition can result in permanent neurological damage or death.
- Heart attack: Frequently misdiagnosed in women and younger patients, often dismissed as anxiety, indigestion, or musculoskeletal pain.
- Infections: Including sepsis, meningitis, and other rapidly progressing infections that require immediate intervention.
- Pulmonary embolism: A potentially fatal blood clot in the lungs that can be overlooked when symptoms are attributed to other causes.
We invest the time and resources necessary to investigate every claim with care and precision. When you come to us with a potential failure to diagnose case, we can work to obtain and review all relevant medical records, consult with qualified third-party medical experts when appropriate, and assess whether the care you received fell below the accepted standard.
Evidence We Use to Build a Failure to Diagnose Claim
A successful failure to diagnose claim often hinges on the proof used to show that a medical provider acted negligently and that this negligence caused you measurable harm. Locating and utilizing that proof takes experience, attention to detail, and a willingness to pursue every available avenue of investigation. Our legal team knows what to look for and how to use the evidence we find to construct a compelling, well-supported claim on your behalf.
Evidence we commonly gather and utilize for a failure to diagnose case includes:
- Complete medical records from all treating providers, including office visit notes, emergency records, lab results, and imaging studies
- Diagnostic test results and any documentation of tests that were ordered, delayed, or never ordered at all
- Expert medical testimony from qualified specialists who can speak to what the accepted standard of care required and how the provider in question fell short
- Treatment timelines that illustrate how the delay in diagnosis changed the course of your condition and your treatment options
- Communications between providers, including referral records, consultation notes, and any documentation of what information was shared or withheld
- Billing and insurance records that can help establish what services were and were not rendered during the period in question
- Witness statements from those who accompanied you to appointments or who observed changes in your condition over time
Harm Caused by a Failure to Diagnose
When a diagnosis is missed or delayed, patients often endure a level of suffering that goes far beyond what they would have faced with timely care. A condition that could have been treated successfully in its early stages may progress to become chronic, severely debilitating, or fatal. The harm caused by a failure to diagnose is not just physical, either. It can touch every aspect of a person's life, from their finances to their relationships to their sense of security in their own body. These harms can give rise to significant economic and non-economic damages that you have every right to pursue.
Damages in a failure to diagnose case may include:
- Past and future medical expenses, including the cost of all additional treatment necessitated by the delayed or missed diagnosis
- Lost wages and loss of earning capacity, if your condition has affected your ability to work during recovery or on a long-term basis
- Pain and suffering, encompassing the physical pain endured as a direct result of the worsened condition
- Emotional distress, including anxiety, depression, and psychological trauma stemming from the experience and its aftermath
- Loss of enjoyment of life, when your condition has limited your ability to engage in activities and relationships that were important to you
- Loss of household services, if the condition has resulted in a loss in value of the household services that were provided by the injured or deceased family member
- Wrongful death damages, if a failure to diagnose contributed to the loss of a loved one, which may include funeral expenses, loss of financial support, and loss of companionship
Calculating these damages is not a simple process, and insurance companies and defense attorneys will work hard to minimize what they pay. We take a thorough and methodical approach to quantifying every element of your harm, drawing on medical records, financial documentation, expert opinions, and an understanding of how California courts evaluate these claims.
We fight for every dollar our clients are owed, and we do not back down when powerful institutions push back. Our track record of more than $200 million in recoveries is a testament to what happens when you have an experienced, committed legal team in your corner.
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Ready to Talk? Peterson Injury Law is Here to Listen.
Choosing a dependable law firm for a failure to diagnose case is one of the most important decisions you will make. These cases are complex, they require medical and legal knowledge, and they demand the kind of careful, dedicated attention that only a selective, experienced firm can provide. At Peterson Injury Law, we have built our reputation on results, trust, and a commitment to standing firmly on the side of patients who have been failed by the medical system.
Call our Los Angeles failure to diagnose attorney at (213) 539-3152 now for your free case review.
