Los Angeles
Delayed Diagnosis Lawyer

A delayed diagnosis can turn your world upside down. You trust medical professionals to provide timely and accurate care, but when that trust is broken, the consequences can be life-altering. A missed opportunity to catch a serious illness early can lead to unnecessary pain, prolonged treatment, and even irreversible damage. Studies have shown that delayed cancer diagnoses are a leading cause of preventable death in California, especially in Los Angeles.

The experienced lawyers at Law Offices of Samer Habbas & Associates, PC know how to stand up to negligent healthcare providers and fight for the compensation you need to move forward. Below, we explain important information about delayed diagnosis cases in Los Angeles, including your legal options, the types of financial compensation available, and how a Los Angeles Delayed Diagnosis Lawyer can fight on your behalf to pursue justice.

What Are the Major Types of Delayed Diagnoses?

There are several types of delayed diagnoses that can severely impact your health. One common type is a missed or delayed cancer diagnosis, where a doctor or medical team fails to identify warning signs early enough, allowing the cancer to progress to an advanced stage. Another frequent type involves chronic illnesses, such as diabetes or heart disease, that go undetected until severe complications arise. Emergency medical situations, like strokes, heart attacks, or infections such as sepsis, are particularly dangerous when delayed diagnosis occurs. These conditions require immediate medical attention, and any delay can lead to severe outcomes, including death or permanent disability. Finally, misdiagnoses in specialized fields, such as orthopedics or neurology, can result in the wrong treatment being provided or critical time being wasted.

A delayed diagnosis can have unique consequences for your life, especially in Los Angeles. The progressive nature of untreated conditions means that what could have been a manageable illness may worsen into a life-threatening situation. For example, missing the early stages of cancer can make treatment more invasive and less effective.

What Causes Delayed Diagnoses?

Delayed diagnoses often stem from systemic issues or medical errors. One major cause is physician negligence, such as failing to listen to your symptoms, skipping critical tests, or misinterpreting test results. Overcrowding and understaffing in Los Angeles hospitals and clinics can also lead to delays in care. Communication breakdowns between doctors, nurses, and lab technicians are another significant factor—when medical professionals don’t share information properly, critical diagnoses can be missed. Additionally, faulty diagnostic equipment or delays in processing lab results can further compound the problem.

Who Is Liable for a Delayed Diagnosis?

Several parties can be held liable for a delayed diagnosis. Your doctor may be responsible if they failed to meet the standard of care by ignoring symptoms or misinterpreting test results. Hospitals can also be held accountable if their policies, staffing issues, or equipment failures contributed to the delay. Laboratories may be liable if they provided incorrect or delayed test results. In California, medical malpractice laws govern these cases, including California Code of Civil Procedure § 340.5, which sets the statute of limitations for filing a medical malpractice claim. Under this law, you generally have one year from when you discover the injury or three years from the date of the injury, whichever comes first. However, there are exceptions that may apply. There are also prerequisites to suing.

Why Should You File an Insurance Claim?

Filing an insurance claim after a delayed diagnosis can help you recover compensation for your immediate expenses. This includes medical bills, lost income, and other costs resulting from your condition being left untreated for too long. In many cases, insurance claims are the first step toward financial relief and can provide faster results than filing a lawsuit. However, insurance companies often try to minimize their payouts, so it’s important to have legal support to make sure you receive fair compensation. California Insurance Code § 790.03 protects you from unfair claims practices, but enforcing your rights may require legal assistance.

Why Should You Bring a Medical Malpractice Case?

If your delayed diagnosis resulted from negligence, filing a personal injury lawsuit can provide the compensation you need and hold the responsible parties accountable. Unlike an insurance claim, a lawsuit allows you to seek damages for both economic losses, such as ongoing medical care and lost wages, and non-economic damages, like pain and suffering. If you’re dealing with a delayed diagnosis in Los Angeles, there are other laws you should be aware of. California’s Medical Injury Compensation Reform Act (MICRA) places a cap of $390,000 on non-economic damages, such as pain and suffering, in medical malpractice cases. However, this does not limit compensation for economic damages like medical bills or lost wages.

What Types of Compensation Can You Get in Delayed Diagnosis Claims or Lawsuits?

The types of compensation you can receive in a delayed diagnosis claim or lawsuit depend on the specifics of your case. Economic damages cover measurable losses, such as medical bills, rehabilitation costs, and lost wages. Non-economic damages, which are capped at $390,000 under MICRA, compensate for pain, suffering, and emotional distress caused by the delayed diagnosis.

Why Should You Bring a Wrongful Death Lawsuit If the Victim Dies?

If your loved one dies because of a delayed diagnosis, filing a wrongful death lawsuit can help your family seek justice and financial relief. Under California Code of Civil Procedure § 377.60, eligible family members can recover damages for funeral expenses, loss of financial support, and the emotional loss of a loved one. These lawsuits can also hold negligent healthcare providers accountable for their actions, potentially preventing similar tragedies in the future. A wrongful death claim can be complex, so having an experienced lawyer guide you is important.

What Should Victims Do After Discovering a Delayed Diagnosis?

Taking immediate action after discovering a delayed diagnosis can protect your rights and strengthen your case. Start by gathering all your medical records and documenting any symptoms or treatments you’ve received. Get a second opinion from another healthcare provider to assess the impact of the delay on your health. Avoid discussing your case with insurance companies until you’ve spoken with a lawyer, as anything you say could be used against you. California Health and Safety Code § 123110 gives you the right to access your medical records, which are essential for proving your case.

How Can a Delayed Diagnosis Lawyer Help You?

A medical malpractice lawyer with experience in delayed diagnosis cases can help you navigate the complex legal and medical issues involved in your case. They can investigate your claim, gather evidence like medical records and expert opinions, and identify the parties responsible for the delay. Lawyers also handle negotiations with insurance companies. If your case goes to court, they can present a strong argument on your behalf. California law, including statutes like Code of Civil Procedure § 340.5, sets strict deadlines for filing claims, so consulting a lawyer early is crucial.

Contact Los Angeles Delayed Diagnosis Attorney Samer Habbas

If you or a loved one has suffered because of a delayed diagnosis, you deserve answers and the opportunity to hold those responsible accountable. The experienced attorneys at Law Offices of Samer Habbas & Associates, PC are here to fight for you. We understand how devastating a delayed diagnosis can be and are committed to seeking justice for victims and their families. You shouldn’t have to shoulder the burden of medical bills, lost income, or the emotional toll caused by someone else’s negligence. Contact Law Offices of Samer Habbas & Associates, PC by calling 949-727-9300 or contacting us online for a free consultation with a dedicated Los Angeles Delayed Diagnosis attorney.

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