California Misdiagnosis Attorney
Law Firm Fighting for Patients Harmed by Misdiagnoses in San Francisco
A misdiagnosis occurs when a healthcare professional identifies a condition incorrectly or misses the actual underlying issue entirely. This error can lead to serious consequences for a patient, as they may receive treatments or medications that are unnecessary or harmful. When the correct condition remains untreated, the patient’s symptoms can worsen, potentially leading to severe health complications or even permanent damage. The emotional and financial toll of a misdiagnosis can also weigh heavily on individuals, with prolonged suffering and additional medical expenses creating a ripple effect on their overall well-being.
If you were negligently misdiagnosed, our team at Peterson Injury Law can help explore your options for filing a medical malpractice claim and seeking compensation for damages. Our founding attorney, Erik L. Peterson, has over 30 years of legal experience and successfully resolved numerous high-stakes claims. He has been recognized by several leading legal organizations, including Super Lawyers® Magazine and The Best Lawyers in America©. We understand how to effectively navigate misdiagnosis cases and can fight to get you justice.
Our firm does not charge legal fees unless we help you recover damages. We can also take your call 24/7.
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 discovered or reasonably should have discovered harm linked to a misdiagnosis to file a medical malpractice lawsuit. Medical malpractice claims must be filed within three years of the date the negligence occurred, regardless of when it was discovered. You cannot typically bring a claim if you discover harm stemming from a misdiagnosis more than three years after the malpractice occurred, which is why it's so important to seek legal guidance as soon as you think you may have suffered harm.
When a minor is misdiagnosed, their parents or legal guardians have three years from the date of the malpractice to pursue a claim. If a minor was under the age of six when they were misdiagnosed, their parents or guardians have until they turn eight or three years from the date the medical negligence occurred, whichever comes later.
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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Record-Setting $17 Million Birth Injury Settlement
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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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“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
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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
When you suffer harm because of a healthcare provider’s negligent misdiagnosis, you can seek compensation for economic and non-economic damages. Economic damages address the tangible financial losses caused by the misdiagnosis. These can include medical expenses you incurred due to incorrect treatment, costs associated with additional treatments required to correct the harm, and future medical care needed as a result of the delay in achieving a proper diagnosis.
Additionally, you may recover lost wages if the misdiagnosis impacted your ability to work. If you are unable to return to your job or suffer reduced earning capacity, you can also seek compensation for estimated future loss of income, which helps address the financial burden of ongoing or permanent effects caused by the malpractice.
Non-economic damages aim to compensate you for the more intangible but equally significant harm you have experienced. This type of compensation covers pain and suffering that arises from the physical and emotional distress associated with misdiagnosis. You may also claim damages for any mental anguish, anxiety, or loss of enjoyment of life caused by your condition or its treatment. If the misdiagnosis led to the worsening of a condition that affects your daily activities or quality of life, you can pursue damages for those impacts, as well. Non-economic damages vary based on the individual circumstances of the case and the extent of the harm caused.
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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