California Misdiagnosis Lawyer
Law Firm Fighting for Patients Harmed by Misdiagnoses in San Francisco
A misdiagnosis happens when a healthcare professional identifies a condition incorrectly or overlooks the actual cause of a patient’s symptoms. These mistakes can lead to harmful treatments, unnecessary medication, and worsening health conditions. When the underlying issue goes untreated, patients can face serious or even lasting medical complications. Emotional distress and mounting medical bills often add to the hardship for families affected by a misdiagnosis.
If you have suffered because of a negligent misdiagnosis, our team at Peterson Injury Law can walk you through your options for filing a medical malpractice claim and pursuing compensation for your damages. Our founding attorney, Erik L. Peterson, brings over 30 years of courtroom experience resolving major claims across California. He holds recognition from Super Lawyers® Magazine and The Best Lawyers in America©, reflecting his skill and track record in the legal community. We handle every misdiagnosis case attentively and are committed to pursuing justice for those who have been harmed.
Our firm does not charge legal fees unless we recover damages for you. We are available to take your call 24/7.
What to Expect During a San Francisco Misdiagnosis Lawsuit
If you pursue a misdiagnosis lawsuit in San Francisco, you will move through several detailed stages. You begin by gathering your medical records and reviewing your treatment with independent medical reviewers. Many claims require a close look at the roles of multiple care providers, especially if you received treatment from more than one local hospital or clinic. California law governs medical malpractice cases in the city, and you will encounter steps such as pre-trial conferences, mediation, or settlement discussions before a case can go before a jury. Your attorney will provide regular updates and answer your questions throughout these stages. Because every claim has unique facts and legal issues, having a supportive legal team helps you feel confident as the process moves forward. The team at Peterson Injury Law takes a collaborative approach, making sure you stay informed and supported as your case develops.
Discuss your rights and legal options with our California misdiagnosis lawyer in a free, no-obligation consultation. Call (415) 630-2913 or contact us online now.
How Long Do I Have to File a Misdiagnosis Claim in California?
In California, you generally have one year from the date you first discovered or should have discovered harm related to a misdiagnosis to file a medical malpractice lawsuit. State law also sets a three-year deadline from when the negligent act occurred, regardless of when you became aware of it. If more than three years have passed since the event, you typically cannot bring a claim, so prompt legal advice is critical if you have been harmed.
For minors, parents or legal guardians have three years from the date of the malpractice to file a claim. If the minor was under six years old at the time of the misdiagnosis, they have until age eight or three years from the negligent act—whichever is later.
San Francisco residents should know that some local hospitals and clinics may have internal error review processes, and the California Department of Public Health requires certain adverse medical events to be reported. These procedures can affect how quickly information becomes available and may influence the timeline for building your case. Acting quickly helps you meet both legal and hospital-specific requirements, preserving your chance to pursue compensation.
If you have questions about the deadlines that apply to misdiagnosis claims, our team at Peterson Injury Law can help. Our California misdiagnosis lawyer can provide personalized legal advice and review your legal options.
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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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“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.
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“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.
What Types of Conditions Are Frequently Misdiagnosed?
Certain health conditions can be more prone to misdiagnosis than others. Frequently misdiagnosed conditions often have symptoms that overlap with other illnesses or because they manifest in unusual ways.
Commonly misdiagnosed health conditions include:
- Cancer. Cancer is often misdiagnosed due to vague initial symptoms that mimic less severe conditions, especially for certain types like breast, lung, or colorectal cancer. For example, early signs of lung cancer, such as persistent cough or fatigue, may be attributed to respiratory infections or asthma. Failure to identify cancer in its early stages can lead to delayed intervention, which significantly affects treatment outcomes and survival rates.
- Heart disease. Heart disease – including heart attacks – frequently goes unrecognized, especially in women, as their symptoms can differ significantly from those experienced by men. Chest pain, the hallmark of heart issues, may be absent in many cases, with individuals instead experiencing nausea, fatigue, or shoulder discomfort. These symptoms are often interpreted as acid reflux, anxiety, or muscular strain, causing delays in treatment.
- Stroke. Strokes, particularly in younger patients, are occasionally misdiagnosed as migraines, vertigo, or anxiety attacks. Subtle symptoms like confusion, slight numbness, or difficulty speaking may not immediately prompt suspicion of a stroke. Failing to address these warning signs robs patients of the critical window of time required for effective treatments, such as clot-busting medications.
- Meningitis. Viral, bacterial, or fungal infections can cause meningitis, with bacterial meningitis being particularly life-threatening if not treated promptly. Meningitis is frequently misdiagnosed due to its symptoms overlapping with those of more common illnesses. Early signs like headache, fever, neck stiffness, or nausea may resemble the flu or even a migraine, delaying accurate diagnosis.
- Autoimmune disorders. Autoimmune diseases, including lupus and rheumatoid arthritis, are often misdiagnosed because they resemble other chronic conditions. Symptoms like joint pain, fatigue, or fever overlap with more common ailments like the flu or fibromyalgia.
- Lyme disease. The symptoms of Lyme disease, including aches, fever, and fatigue, can easily be mistaken for flu or other viral infections. Without proper attention to a patient’s history of tick exposure, the disease can progress and cause serious complications, such as chronic inflammation or neurological issues. Specific diagnostic blood tests can confirm Lyme disease, yet these tests tend to be underused in preliminary evaluations.
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Types of Compensation Available in a California Misdiagnosis Case
If a medical provider’s negligent misdiagnosis caused you harm, you may pursue compensation for both economic and non-economic losses. Economic damages cover out-of-pocket expenses such as medical bills from incorrect treatment, additional care needed to address worsening conditions, or ongoing therapy and rehabilitation.
You may also recover lost income if a misdiagnosis made you miss work or reduced your ability to earn a living in the future. If your ability to return to your job is impacted or you face permanent changes in earning potential, financial compensation can help address these consequences and give you stability moving forward.
Calculating compensation involves considering future treatments and recovery needs. The cost of medical care and living expenses in San Francisco and the greater Bay Area tends to be higher than in other regions, so these factors are weighed in final awards. Ensuring that calculations reflect local costs helps align the recovery process to the real challenges patients face in this area.
Non-economic damages help compensate you for pain, suffering, and related hardships. These may include compensation for emotional trauma, anxiety, or reduced enjoyment of life linked to a misdiagnosed condition or delayed care. The exact amount depends on the long-term impact on your daily activities and overall well-being.
We are prepared to fight to get you maximum compensation when you suffer the consequences of a negligent misdiagnosis. Call (415) 630-2913 or contact us online today.
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