When Diagnoses Go Wrong

Medical mistakes can shake your trust and sense of security. When you or a loved one is harmed after a misdiagnosis or delayed diagnosis, it’s natural to feel confused and overwhelmed. In California, diagnostic errors are one of the leading reasons patients file medical malpractice claims. These cases are complex, and the law is designed to balance the rights of patients with the realities of medical care. If you’re facing uncertainty after a doctor failed to recognize a serious condition, you’re not alone—and you have options.

What Are Diagnostic Errors?

A diagnostic error happens when a healthcare provider:

• Misses a diagnosis entirely
• Delays making the correct diagnosis
• Gives the wrong diagnosis

These mistakes can involve anything from cancer and strokes to infections or heart attacks. Diagnostic errors can cause new injuries, worsen existing conditions, or delay critical treatment. If you’ve experienced harm from a misdiagnosis, you might also want to understand your options regarding medication errors or surgical mistakes, as these issues sometimes overlap.

California Law and Diagnostic Mistakes

Under California law, a diagnostic error can form the basis of a medical malpractice claim if:

• The provider owed you a duty of care (such as a doctor-patient relationship)
• The provider failed to meet the accepted standard of care
• That failure directly caused your injury or worsened your condition

The Medical Injury Compensation Reform Act (MICRA) governs these cases, including limits on certain damages and strict deadlines. You’ve typically got one year from when you discover (or should have discovered) the error to file your claim.

Standards for Doctors and Hospitals

California expects healthcare providers—including hospitals, clinics, and urgent care centers—to:

• Thoroughly review patient histories
• Order and interpret appropriate tests
• Refer patients to specialists when needed
• Communicate clearly about risks and next steps

If your provider failed in these areas, it may be considered negligence. This is distinct from a failure to treat claim, though the two sometimes overlap.

Your Action Plan After a Diagnostic Error

If you suspect a diagnostic error, here’s what you can do:

• Request copies of your medical records right away
• Seek a second opinion from another doctor
• Document your symptoms and timeline of care
• Preserve all written communications (emails, notes, discharge papers)
• Consult a California medical malpractice attorney to discuss your options
• Be mindful of time limits—waiting too long can affect your rights

Our team at Attain Law can help you sort through your records, identify possible negligence, and evaluate your next steps.

What Damages Are Available?

If a diagnostic error is proven, you may recover damages for:

• Additional medical bills caused by the delay or mistake
• Lost income if you were unable to work or will need future care
• Physical pain and emotional distress (subject to MICRA limits)
• Loss of enjoyment of life if your health outcomes are permanently affected

Every case is unique. For example, if a birth injury was due to a missed diagnosis, your damages could include lifelong care costs.

Frequently Asked Questions about Diagnostic Error Claims

What are common examples of diagnostic errors in California? Examples include failing to diagnose cancer, stroke, or heart attack; misreading test results; or attributing serious symptoms to minor conditions.

How long do I have to file a diagnostic error claim in California? You typically have one year from when you discovered (or should have discovered) the error, but special rules can apply to minors and some cases.

Do I need a medical expert for a diagnostic error case? Yes. California law requires expert testimony to establish the standard of care and show that a diagnostic mistake caused your injury.

What if my doctor’s mistake involved delayed diagnosis instead of a missed diagnosis? Delayed diagnosis can be just as harmful as a missed diagnosis and may still qualify as medical malpractice if it caused your injury.

Can I sue if a loved one died due to a diagnostic error? Surviving family may pursue a wrongful death claim if a diagnostic mistake led to a loved one’s death. These claims have special rules in California.

We’re Here to Support You

Facing a diagnostic error can feel overwhelming, but you don’t have to navigate it alone. Attain Law attorneys are ready to listen, answer your questions, and help you understand your rights under California medical malpractice law. For a confidential, compassionate review of your case, contact us today for a free consultation or call (888) 970-8627. We’re here to support you.

Disclaimer: This is an advertisement. The information provided is for general purposes only and is not legal advice. Consult a qualified attorney for your specific case. Attain Law cannot guarantee outcomes, as results vary by situation.

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