Failure to Treat

San Francisco Failure To Treat Attorney

Support When Treatment Never Came

When a doctor or hospital fails to act on clear warning signs, delays treatment, or ignores abnormal test results, the consequences can be devastating. If you suspect that a medical provider’s inaction caused serious harm, you may be looking for a failure to treat attorney who truly understands both medicine and the law.

We know you may be grieving, caring for an injured loved one, or trying to manage your own recovery while bills and questions pile up. You may not know exactly what went wrong, only that something should have been done sooner. Our role is to help you get clear answers and evaluate whether you have a potential medical malpractice claim.

At Peterson Injury Law, we focus our practice on serious medical malpractice and high-stakes injury cases in California. Our firm has recovered more than $200 million for clients, including the largest medical malpractice recovery in California history, and we bring more than 30 years of litigation experience to each case we accept.

Contact our San Francisco failure to treat lawyer by calling (415) 630-2913 today!

Why Families Choose Our Firm

Families come to us when the medicine is complex, the harm is life changing, and they cannot risk being treated like one file among many. We intentionally limit the number of cases we handle so we can devote the time, resources, and attention that serious failure to treat cases demand.

Over the past three decades, our firm has recovered in excess of $200 million for people harmed by medical negligence and catastrophic injury. That work has included the largest medical malpractice recovery in California history. Results like these show that we are capable of building and pursuing cases involving profound losses and significant future care needs.

We have built our practice around life altering injuries in areas such as birth injury, diagnostic failure, infectious disease, pediatric harm, anesthesia error, and Kaiser arbitration. Many failure to treat events arise in these same settings, for example when an infection goes unmanaged, a referral is delayed, or a child’s symptoms are overlooked in a busy emergency department.

Our goal is always twofold. We work to secure the resources clients may need for long term care, therapy, and stability, and we strive to hold medical institutions accountable when preventable harm occurs. Throughout the process, we communicate in plain language, outline expectations early, and remain honest about risks and timelines.

What Failure To Treat Looks Like

Many people sense that something went wrong with their care but are not sure whether it qualifies as failure to treat. In simple terms, failure to treat happens when a provider does not respond appropriately to a condition that should have been recognized and acted on, and that inaction leads to avoidable harm.

This can occur in many ways in hospitals, clinics, and emergency rooms, including in busy urban systems that serve San Francisco residents. A provider may fail to follow up on abnormal lab results, discharge a patient whose symptoms required admission, or delay ordering critical imaging until a condition has progressed beyond repair.

Common real world patterns include not treating an obvious infection until it becomes life threatening, overlooking signs of stroke or heart attack in the emergency department, not escalating care when a patient’s vital signs worsen, or failing to refer a patient to an appropriate specialist when red flags appear.

In some cases, electronic records show that abnormal test results were posted but never acknowledged, or that nurses repeatedly documented concerning symptoms without timely physician response. In other situations, primary care providers receive specialist recommendations but do not implement them, leaving patients without necessary treatment.

Legally, these cases involve the concept of a “standard of care.” That standard is what reasonably careful providers would do in the same circumstances. If a doctor or hospital fails to treat a known or knowable condition in a way that falls below that standard, and a patient suffers harm that likely could have been prevented, there may be grounds for a medical malpractice claim.

Our team regularly investigates diagnostic failures, unmanaged infections, anesthesia injuries, and pediatric harm, all of which frequently involve serious delays in treatment. When you reach out to us, we look closely at timelines, orders, notes, and communications to understand whether inaction or delay likely contributed to the outcome.

Not every bad result is malpractice, and honest assessments matter. Part of our responsibility as a failure to treat lawyer is to review the facts thoroughly and then explain, in straightforward terms, whether the medical records appear to support moving forward.

How We Build These Cases

Failure to treat cases are fact intensive and often turn on the details. We approach them with a structured investigation that is grounded in both medical and legal analysis. Our goal is to understand not only what happened, but also what should have happened under accepted standards of care.

When someone contacts us about a potential failure to treat lawyer San Francisco claim, a Registered Nurse begins by listening to the story, clarifying symptoms, timelines, and what the family was told by providers. We then gather relevant medical records, including emergency department charts, clinic notes, test results, imaging, and communications between providers.

Our team works to reconstruct a clear timeline of events. This often includes identifying when symptoms first appeared, when the patient sought care, which tests were ordered, when results became available, and what actions were or were not taken at each point. In many cases, we consult with carefully selected medical professionals who can speak to what a reasonably careful provider should have done at each stage.

These cases may involve large hospital systems, corporate medical groups, or health maintenance organizations that serve patients in this area. We have substantial experience handling matters against institutional defendants and within systems such as Kaiser arbitration, and we understand procedural rules that can affect how claims proceed.

Throughout discovery and depositions, we prepare our clients for what to expect, explain legal terms in everyday language, and remain available to answer questions. We know that participation in a lawsuit can feel daunting, particularly when you are still coping with medical issues or grief, so we work to make each step as clear and predictable as possible.

Steps you can take to help us evaluate a possible claim include:

Writing down a timeline of symptoms, appointments, and what you were told
Keeping copies of discharge instructions, prescriptions, and referral notes
Preserving any messages or portal communications with your providers
Noting the names and roles of doctors, nurses, and clinics involved
Seeking appropriate ongoing medical care and second opinions when needed

We recognize that no two cases are the same. Factors such as the underlying condition, the patient’s health before the event, and the specific provider’s role all affect how a case is evaluated. Our commitment is to research and argue your case thoroughly if we believe the records support moving forward.

$3.75 Million Anesthesia Error
$6.25 Million Anoxic Brain Injury, Anesthesia Error
Record-Setting $17 Million Birth Injury Settlement

See More Wins

Erik and his team were incredibly helpful.
“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.
I truly appreciate everything they did for us.
“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.
We cannot recommend Erik and his team highly enough.
“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.
I am so very grateful to my lawyer, Erik
“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.
He was always truthful and honest but also caring.
“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.
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
Thank you Erik for winning our case!
“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.
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.

Frequently Asked Questions

How do I know if I have a failure to treat case?

The best way to know is to have your records reviewed by a legal team with medical understanding. When you contact us, our Registered Nurse and attorney look at timelines, test results, and provider decisions, then explain whether the facts appear consistent with negligent inaction.

How long do failure to treat cases usually take?

These cases often take many months, and sometimes longer, because they involve extensive medical records, expert review, and contested litigation. During our initial conversations, we discuss likely timeframes based on your situation and keep you informed as the case progresses.

Can you help if my care was through Kaiser or another HMO?

Yes, our firm has significant experience with Kaiser arbitration and claims involving large health systems. The process for these matters can differ from traditional court cases, so it is important to speak with a team familiar with the applicable rules and procedures.

How involved will I need to be in the lawsuit?

Clients are typically involved in providing information, reviewing key documents, and participating in a deposition if the case moves forward. We prepare you for each step, handle communication with defendants and insurers, and work to minimize the demands on your time whenever possible.

WE'RE HERE FOR YOU

Taking Action After Suspected Neglect

When you believe a doctor or hospital in San Francisco failed to provide necessary treatment, it can be difficult to know where to turn. You may feel torn between trusting your providers and recognizing that something went severely wrong. At the same time, medical bills and daily responsibilities may leave you with little time to investigate on your own.

California law imposes strict time limits on medical malpractice claims, so it is important to seek legal guidance as soon as you are able. You do not need to have every record or answer before reaching out. A conversation with a failure to treat attorney San Francisco can help clarify whether your situation appears consistent with negligence and what the next steps might be.

At Peterson Injury Law, we offer free consultations and work on a contingency fee basis. You do not pay us upfront, and our fee is collected only if there is a financial recovery. This structure allows families to access representation without taking on additional financial strain at an already difficult time.

During an initial consultation, we listen carefully to your experience, ask focused questions about symptoms and treatment, and explain what information would be most helpful to review. If we believe your case warrants further investigation, we outline what that process involves and what you can expect in terms of timing and communication.

We are upfront about the challenges of medical malpractice litigation and do not offer false hope. If we can take your case, we work to shoulder the legal and financial pressures so you can focus on recovery, caregiving, and rebuilding stability. If we do not believe the records support a claim, we explain why, so you are not left with unanswered questions.

If you are ready to talk with a failure to treat attorney about what happened, we are here to listen, review, and guide you through your options.

Call (415) 630-2913 to speak with our team about a potential case.

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