Failure to Diagnose

California Failure to Diagnose Attorney

Tirelessly Advocating for Undiagnosed Patients in San Francisco

As patients, we trust our healthcare providers to act in our best interests. Sadly, thousands of patients are injured by undiagnosed medical conditions every year in California. At Peterson Injury Law, we understand the devastating and far-reaching consequences of medical malpractice. If you or a loved one suffered harm as a result of an undiagnosed health condition, you don’t have to fight this battle alone.

From affording medical bills to securing long-term care costs, our goal is to hold the negligent provider or hospital accountable and recover the maximum compensation you need to focus on your health. Our failure to diagnose lawyer has decades of experience and a deep understanding of medical malpractice laws, giving you peace of mind that your financial future is in trusted hands.

In addition to our reputation for achieving record-breaking verdicts, our nationally acclaimed attorney has earned recognition from The Best Lawyers in America® and the Litigation Counsel of America®, an initiation-only honorary society that includes fewer than 0.05% of all practicing lawyers in the country. Our office is available 24/7 to address your concerns and provide the unwavering legal support you deserve. Let us take care of the legal complexities while you focus on your recovery.

If you were harmed due to an undiagnosed health condition in California, our firm can aggressively pursue justice. Call (415) 630-2913 to schedule a free consultation.

What Constitutes “Failure to Diagnose” in Medical Malpractice Claims?

Failure to diagnose occurs when a healthcare provider fails to identify the cause of a patient’s symptoms or misdiagnoses the condition altogether, resulting in harm to the patient. This can occur for various reasons, such as failing to review a patient’s complete medical history, not performing a physical examination, misinterpreting the results of diagnostic tests, or failing to consider all the possible causes of a patient’s symptoms.

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Erik, I'm incredibly grateful that [husband stroke victim] continues to improve - long after it was thought to be possible.
“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
We are both ever grateful to you.
“In my world, you have been very successful in the ways most important, most lasting, most valuable. And I know that [deceased husband] feels this way as well.”

- Former Client
Erik Peterson handled my case with care and compassion.
“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.
This whole experience can be overwhelming but Erik kept me in the loop on everything.
“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.
Erik Peterson is by far the best attorney.
“Very knowledgeable, professional and honest. I needed an attorney for malpractice and from the moment we first had our meeting, he explained everything in terms I could easily understand and very thorough, was always very responsive when I had questions. The case wasn’t an easy one to settle, but Erik never lost hope and kept fighting. Any time I had to get ahold of the staff at the law firm for paperwork, they were always so understanding and very helpful and always got back to me in a timely manner. I would highly recommend Erik Peterson and his law firm. He was an excellent lawyer and truly a genuine person.”

- Lila D.

Common Undiagnosed Health Conditions

Some of the most commonly undiagnosed health conditions include:

Stroke
Cancer
Diabetes
Heart attack
Heart disease
Infections, such as sepsis or pneumonia
Mental health disorders, such as depression or anxiety

What Are the Risks of Failure to Diagnosis?

The consequences of failing to diagnose a condition or illness can be devastating for patients and their families. When a serious health condition is left untreated or incorrectly treated, it can lead to permanent disability, organ damage, and even death, making it crucial to know your rights and take legal action as swiftly as possible.

Proving Liability in a Failure to Diagnose Claim

In California, “failure to diagnose” falls under the legal umbrella of medical malpractice. To recover damages in a lawsuit, you must prove that the provider deviated from the standard of care. This refers to the expected level of treatment and diagnosis that a competent healthcare provider would provide in similar circumstances.

Our firm can help you establish liability by demonstrating the following legal elements:

Duty of care. This refers to the legal obligation of medical professionals to provide competent and reasonable care to patients.
Breach of duty. The negligent provider or facility deviated from the standard of care by failing to diagnose a patient's condition.
Causation. There must be a direct link between the provider’s breach and the harm suffered by the patient.
Damages. The patient must have suffered compensatory harm or damages as a result of the breach.

Regardless of your legal circumstances, working with a qualified lawyer is paramount to building a strong case and holding wrongdoers accountable. At Peterson Injury Law, our attorney has a deep understanding of these legal complexities to help you meet the burden of proof in your claim. We can assist with gathering medical records and consulting relevant experts to maximize your chance of achieving a favorable outcome.

Who Is Responsible for Damages in a Failure to Diagnose Lawsuit?

Depending on the circumstances of the case, various parties may be responsible for damages in a failure to diagnose lawsuit. Some potentially liable parties include:

Primary care physicians. PCPs are often the first point of contact for patients and a common liable party in failure to diagnose claims. A provider may be held responsible if they order the wrong tests, fail to recognize symptoms, or decline to send patients to specialists when necessary.
Medical specialists. Cardiologists, oncologists, and other specialists may be held accountable if they misinterpret test results or fail to diagnose conditions within their area of expertise, resulting in harm to the patient.
Radiologists. Radiologists and radiology techs may be liable if they miss critical findings on imaging studies such as X-rays, MRIs, or CT scans, resulting in incorrect diagnoses.
Pathologists. Pathologists can be responsible for damages if they incorrectly analyze or report laboratory results, resulting in a failure to diagnose a condition accurately.
Hospitals. Hospitals and healthcare organizations may be liable if their negligence contributed to the diagnostic failure, such as understaffing, inadequate training, poor communication, or other systemic issues.
Diagnostic laboratories. Labs may be liable if errors in processing or reporting samples lead to incorrect or missed diagnoses.

How Long Do I Have to File a Claim After Failure to Diagnose?

In California, the statute of limitations for failure to diagnose and other medical malpractice claims is generally three years from the date of the accident. However, the legal framework surrounding medical malpractice laws is exceedingly complex and may involve different rules and deadlines for certain cases. Consulting a knowledgeable lawyer is paramount to maintaining eligibility for damages and filing a claim within the appropriate deadline.

What Damages Are Available in a Failure to Diagnose Claim?

Patients may be entitled to various damages in a failure to diagnose claim. There are two primary types:

Economic damages for measurable financial losses, such as medical bills, lost wages, and future healthcare costs stemming from the diagnosis.
Non-economic damages for intangible losses, such as pain and suffering, emotional distress, and reduced quality of life.

While less common, punitive damages may also be awarded in cases involving especially egregious misconduct. Unlike other types of damages, these are awarded solely to punish the defendant and deter similar behavior in the future, as opposed to compensating the victim directly.

No matter the severity of your injuries, securing experienced representation is essential to maximize the amount of compensation available to you. Our attorney can carefully evaluate your claim to calculate the full scope of damages, assess every avenue for financial recovery, and pursue a comprehensive settlement that addresses all your current and future care needs.

WE'RE HERE FOR YOU

Do I Need a Failure to Diagnose Lawyer?

Seeking legal counsel after failure to diagnose is critical to protecting your rights and recovering the fair settlement you deserve. Some key reasons to work with a skilled attorney include:

Navigating the legal system. Medical malpractice laws are notoriously complex. A qualified attorney will have an in-depth understanding of these legal nuances to help you meet important deadlines and navigate the proceedings with care.
Building a strong case. Your attorney can assist with gathering relevant evidence, such as medical records and expert testimonies, to support your claim and present a compelling case.
Proving negligence. Suffering harm does not automatically qualify patients for damages. Your lawyer can thoroughly investigate your case to identify liable parties and meet the burden of proof in your claim.
Maximizing compensation. Your attorney can assess the full impact of the failed diagnosis, including medical costs, lost income, and long-term suffering, to maximize the value of your claim.
Standing up to insurers. Healthcare companies and their insurers often have extensive legal teams working to reduce fair payouts. Your lawyer can protect your rights and prevent you from settling for less than you deserve.
Trial readiness. Insurers have a reputation for robbing victims of justice by pushing lowball settlements. Your attorney can represent your best interests in litigation if necessary to achieve a favorable outcome.

If you suffered harm as a result of an undiagnosed condition, our attorney can fight tirelessly to hold the negligent provider accountable. Contact us online to discuss your case.

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