Delayed Diagnosis

California Delayed Diagnosis Attorney

A Skilled Lawyer Fighting for Patients Harmed by Delayed Diagnoses in San Francisco

When healthcare professionals fail to provide timely and accurate evaluations, they reduce the chances of identifying illnesses at an early, more treatable stage. Miscommunication between medical staff, inadequate attention to patient symptoms, or improper use of diagnostic tools can directly lead to these delays. Patients can face complications as diseases progress undetected, resulting in diminished quality of life, more aggressive treatment requirements, and, in severe cases, life-threatening conditions.

If a delayed diagnosis led to your suffering serious harm, we urge you to get in touch with Peterson Injury Law. Our founding attorney, Erik L. Peterson, is a skilled litigator with more than 30 years of legal experience. He has been named among The Best Lawyers in America© and The National Trial Lawyers: Top 100. We can investigate the circumstances of your diagnosis, determine whether negligence was involved, and, if so, help you pursue a medical malpractice claim.

Our goal is to help you hold the responsible parties accountable and secure the just compensation you are entitled to under the law. We are available 24/7 to take your call, and our firm charges no legal fees unless we help you recover damages.

If you experienced health complications because an avoidable error or negligence led to a delay in getting an accurate diagnosis, you shouldn’t wait to explore your legal options. Contact us online or call (415) 630-2913 to schedule a free, no-obligation consultation with our California delayed diagnosis lawyer today.

How Long Do I Have to File a Delayed Diagnosis Claim in California?

In California, you typically have one year from the date you discovered or reasonably should have discovered the delayed diagnosis to file a medical malpractice lawsuit. An overall three-year deadline from the date of the malpractice (in these cases, usually the date you should have been accurately diagnosed but weren’t) also applies. This means that you must bring a claim within a year of discovering a delayed diagnosis harmed you or three years from the date you should have been accurately diagnosed, whichever comes first.

If a minor under the age of 18 suffers harm because of a delayed diagnosis, their parents or legal guardians have three years from the date of the malpractice to start the legal process. If the minor is under the age of six when the delay in diagnosis occurs, their parents or legal guardians have three years from the date of the malpractice or until their child turns eight, whichever comes later.

If you wait too long, you cannot generally pursue a claim or recover compensation, so do not wait to discuss your rights and options with our team at Peterson Injury Law. We can clarify the deadlines that apply to your case.

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What Types of Negligence Can Lead to a Delayed Diagnosis?

Sometimes, even the most diligent healthcare professionals may face obstacles, such as atypical symptoms or rare diseases, that make immediate and accurate diagnosis challenging. However, when delays arise from lapses in judgment, insufficient attention to detail, or procedural mistakes, they can lead to harmful consequences for patients. In other words, while some delays in reaching an accurate diagnosis are an inherent part of the medical field and stem from the complexity of certain conditions, others result from avoidable errors or negligence.

Types of negligence that can lead to delayed diagnoses include:

Failure to act on test results. Physicians have a responsibility to carefully review and interpret diagnostic tests like blood work, imaging scans, or biopsies. Negligence occurs when test results are overlooked, misinterpreted, or improperly communicated to the patient. For example, a physician might fail to recognize critical markers of illness in a lab report, leading to a delayed response and worsening of the condition.
Miscommunication among healthcare teams. Clear and timely communication between healthcare providers is essential in preventing diagnostic delays. Errors can arise when medical teams do not share important information, such as patient history, test results, or ongoing treatments. Fragmented or incomplete communication can result in delayed follow-ups, redundant testing, or missed steps in the diagnostic process.
Incomplete medical history review. Thoroughly reviewing a patient’s medical and family history is a foundational element of the diagnostic process. Negligence can occur when a healthcare provider fails to ask detailed questions or dismisses pertinent information that could guide their evaluations. For example, overlooking key details about a family history of cancer might result in a significant diagnostic delay.
Failure to conduct necessary testing. Healthcare providers must pursue appropriate diagnostic tests when symptoms or initial findings suggest the possibility of serious conditions. Negligence may occur if a provider dismisses the need for further testing based on assumptions or a lack of thorough investigation. This can cause serious conditions like infections, cancers, or cardiovascular issues to remain undetected.
Relying on assumption or bias. Cognitive biases or preconceived notions can impair a physician's diagnostic reasoning. For example, attributing a young patient's chest pain to anxiety without considering cardiac issues could delay the identification of a life-threatening illness. Negligent reliance on assumptions instead of evidence-based inquiry can jeopardize patient care.
Diagnostic equipment failures. While human error is a leading cause of delayed diagnoses, reliance on malfunctioning or outdated diagnostic equipment also contributes to this issue. If a healthcare provider neglects to verify the accuracy of equipment or fails to pursue additional means of confirming a diagnosis, it may result in harmful delays for the patient.

Do I Have a Delayed Diagnosis Claim?

Determining whether you have a valid delayed diagnosis claim begins with evaluating how the medical care you received deviated from the accepted standard of care. A delayed diagnosis occurs when a healthcare provider fails to diagnose a medical condition within a reasonable timeframe despite having the necessary tools, knowledge, and resources available. To establish a claim, you must demonstrate that this delay directly caused harm that could have been avoided with a timely diagnosis.

Our California delayed diagnosis attorney can carefully evaluate your situation. We can advise whether the delay was the result of negligence or if it was an acceptable limitation based on the circumstances. If we believe you have a strong claim, we can help you gather the necessary evidence, develop compelling arguments, and prepare your case for trial.

Winning a delayed diagnosis case requires demonstrating specific legal elements. First, you must prove the existence of a doctor-patient relationship. This relationship establishes that the medical provider had a duty to treat you with competence and diligence. Next, you need to demonstrate that the healthcare provider’s actions fell below the standard of care expected of a reasonably skilled professional in similar circumstances. This often involves comparing their actions to those of other practitioners with similar training and experience.

You must then show that the delay in diagnosis caused harm that would not have occurred if the provider had identified the condition in a timely manner. This might include worsened symptoms, a progression of the illness that limits treatment options, or a reduction in the likelihood of recovery. Presenting clear evidence of how the delay directly contributed to your harm strengthens your argument.

Finally, you must establish the damages you have suffered as a result of the delayed diagnosis. These damages can include physical pain, emotional distress, additional medical expenses, loss of income, or diminished quality of life. A successful claim will clearly highlight how these damages stemmed from the provider’s failure to act within an appropriate timeframe.

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Types of Compensation Available in California Delayed Diagnosis Cases

In a California delayed diagnosis case, you can recover both economic and non-economic damages, which address distinct aspects of the harm you have suffered. Economic damages cover measurable financial losses directly resulting from the delayed diagnosis. These may include medical expenses like hospital bills, ongoing treatment costs, prescription medications, and rehabilitation services. Lost income from time off work and any reduced earning capacity due to long-term effects also fall under this category.

Non-economic damages compensate you for less tangible types of harms that impact your quality of life. These can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship or consortium. Unlike economic damages, non-economic damages are not easily quantified, as they involve the personal and emotional toll the delayed diagnosis has inflicted upon you.

Our California delayed diagnosis lawyer can fight to get you maximum compensation for both economic and non-economic damages. We understand the types of evidence needed to establish these damages and are not afraid to go to court to get you what you deserve.

We also handle medical malpractice claims involving failures to diagnose and misdiagnoses. Call (415) 630-2913 or contact us online today.

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