DIAGNOSTIC FAILURES
INCLUDING DELAYED CANCER DIAGNOSIS
The Doctor Said It Was Nothing. It Wasn't. Now What?
A missed or delayed diagnosis can cause a patient months of treatment, years of recovery or a chance that no longer exists. When this happens due to physician error causing harm to the patient, that is medical negligence.
You went to the doctor because something felt wrong. You described your symptoms. You got an answer, maybe a reassurance, maybe a referral to come back in six months. And then the true diagnosis came later from another health care provider, when the window of opportunity for the best treatment had already passes.
This is one of the most common, and most devastating, forms of medical negligence I see. Not a dramatic error in an operating room, but a quieter failure: a physician who ordered the wrong tests, dismissed symptoms that warranted a closer look, or simply did not follow up the way the standard of care required.
The harm from a delayed diagnosis is often irreversible. Cancers that were treatable at Stage I become far more difficult to manage at a later stage. A missed cardiac event leaves permanent damage. A neurological condition that could have been managed early causes deficits that cannot be undone. Time, in medicine, is not neutral. When a physician’s failure costs a patient time, the consequences are real and they are measurable.
What These Cases Actually Involve
Diagnostic failure claims are not limited to missed cancer diagnoses, though they are among the most common that I handle. The pattern is consistent across many conditions: a physician had access to information that should have led to a timely diagnosis for the patient and unfortunately failed to act on it in an appropriate manner.
Cases I handle in this area include:
- Delayed diagnosis of cancer, including breast, lung, colon, prostate, and cervical
- Failure to recognize signs of a heart attack or cardiac event
- Missed or delayed stroke diagnosis
- Failure to order appropriate imaging, lab work, or specialist referrals
- Misreading or misinterpreting diagnostic test results (errors in mammography and CT scans)
- Failure to communicate abnormal test results to a patient in a timely manner.
Why These Cases Are Harder Than They Look
The defense in diagnostic failure cases almost always argues that the condition was difficult to detect, that another reasonable physician could have reached the same conclusion, or that the delay did not meaningfully change the outcome. Countering those arguments requires a thorough understanding of what the standard of care actually required at the time, what information the physician had available, and how earlier treatment protocols would have helped the patient.
You Will Work With Me, Not Someone Who Works for Me
From your first phone call through the conclusion of your case, I handle your matter personally. You will not be passed to a paralegal or a case manager. If you have a question, you call me. That is how I have always practiced, and it is not something I am willing to change.
What This Costs You
Nothing, unless we recover on your behalf. All cases are handled on a strict contingency fee arrangement pursuant to California Business and Professions Code Section 6146, AB-35.
If You Think You Have a Case, Let's Talk.
Diagnostic failure claims have strict filing deadlines under California law. If you or someone in your family received a diagnosis significantly later than you should have, do not wait to find out whether you have a claim.
All consultations are free, confidential, and handled personally.
