Delayed Diagnosis

Orange County Delayed Diagnosis Lawyers

Were You Harmed By a Doctor’s Failure to Diagnose?

Have you suffered serious injury as a result of a doctor's misdiagnosis? Did your doctor delay the diagnosis of your loved one? Do you have questions about why it took so long for your physician, the ER doctor, or another medical professional to diagnose your case?

The Law Office of Marshall Silberberg can help you find answers and pursue justice. With a former insurance defense lawyer who has nearly four decades of experience and an in-house physician on staff, we know how to thoroughly, professionally, and skillfully investigate your delayed diagnosis case. We are also able to connect you to a vast array of quality resources and experts who can provide you with top-notch medical care.

Our firm has obtained hundreds of millions for our clients. To learn more about your case, contact our firm.

What is Delayed Diagnosis?

Delayed diagnosis refers to a situation in which a medical condition or disease is not identified promptly after its onset, leading to a delay in appropriate treatment or management. This delay can occur for various reasons, including:

  • Missed symptoms: Healthcare providers may fail to recognize or interpret the signs and symptoms of a condition correctly, leading to a delay in diagnosis.
  • Misinterpretation of tests: Diagnostic tests may be misinterpreted or their results may be overlooked, causing a delay in reaching a diagnosis.
  • Lack of access to healthcare: Patients may face barriers to accessing healthcare services, such as long wait times for appointments or limited availability of diagnostic tests, leading to delays in diagnosis.
  • Atypical presentation: Some medical conditions may present with symptoms that are not typical or characteristic, making diagnosis more challenging and potentially leading to delays.
  • Patient factors: Patients may delay seeking medical attention due to various reasons such as fear, denial, or lack of awareness about the seriousness of their symptoms, which can contribute to delayed diagnosis.

What Happens If a Proper Diagnosis is Delayed?

If a delayed diagnosis occurs, several potential consequences may ensue, depending on the specific medical condition involved, its severity, and the duration of the delay. Some of the possible outcomes of delayed diagnosis include:

  • Progression of the Disease: Without timely intervention, the underlying medical condition may progress unchecked. This can lead to worsening symptoms, increased severity of the disease, and potentially irreversible damage to affected organs or tissues.
  • Complications: Delayed diagnosis may increase the risk of developing complications associated with the untreated or undertreated condition. For example, a delay in diagnosing and treating an infection may lead to the spread of the infection to other parts of the body or the development of secondary infections.
  • Reduced Treatment Options: In some cases, delayed diagnosis may limit the available treatment options or decrease their effectiveness. For instance, certain diseases may be more treatable in the early stages, and delaying diagnosis may result in missed opportunities for curative or disease-modifying treatments.
  • Worsened Prognosis: The delay in diagnosis and treatment may negatively impact the overall prognosis or long-term outcome for the patient. Diseases that are detected and treated at later stages often have poorer prognoses compared to those diagnosed early.
  • Emotional and Psychological Impact: A delayed diagnosis can cause significant stress, anxiety, and emotional distress for patients and their families. The uncertainty surrounding the condition and its management, as well as feelings of frustration or anger about the delay, can have a profound impact on mental well-being.
  • Increased Healthcare Costs: Delayed diagnosis may result in the need for more extensive and costly medical interventions, such as surgeries, prolonged hospitalizations, or specialized treatments. This can lead to increased healthcare expenses for both the individual and the healthcare system as a whole.
  • Legal and Ethical Implications: In some cases, delayed diagnosis may raise legal and ethical concerns, especially if it is determined that the delay was due to negligence or failure to meet the standard of care. Patients or their families may pursue legal action against healthcare providers or institutions responsible for the delay.

Four Elements of a Failure to Diagnose Lawsuit

In every medical malpractice claim, the basis is proof is negligence. However, before you can negotiate a claim, you must be able to prove all four elements that make up and establish medical negligence.

  • 1st Element: The Duty of Care   - You must prove the healthcare facility or professional owed you a duty. Each medical professional has a duty to act in a reasonable manner towards you as the patient.
  • 2nd Element: The Breach of Duty - You must prove the healthcare facility or professional breached their duty of care by failing to act reasonably towards you as the patient.
  • 3rd Element: The Breach Directly Caused the Injury  - You must prove the healthcare facility or professional’s breach was the direct result of your injuries. The damages and injuries must directly relate to the healthcare facility or professional’s failure to act reasonably towards you.
  • 4th Element: The Injury or Damage Caused Financial Losses - You must prove that because the healthcare facility or professional did not act reasonably or carry out the proper procedures, which caused you to suffer injury or harm, you now face financial loss. 

For a court judgment against the liable healthcare facility or professional in order to achieve financial compensation, you must provide adequate, documented evidence.

Seeking Compensation to Care for Loved Ones

Diagnosis delays can cause serious harm because patients, especially in cases of cancer, stroke, heart attack, and other conditions that require time-sensitive treatment. A successful result can mean relief for our clients and their families.

Financial compensation can pay for things that include:

  • Loss of income
  • Medical expenses
  • Pain and suffering
  • Burial costs
  • Lost quality of life costs

Doctors should know better. Specialists should know better. ER hospital physicians should know better. Nurses should know better. We hold them accountable. We are here to help people who have suffered at the hands of a doctor or medical professional or who have been significantly harmed due to a failure to diagnose, obtain justice and compensation.

Call (949) 565-4281 for a free case evaluation today! Our Orange County delayed diagnosis attorneys work with experts to give you the best chance at maximum compensation.

Why Choose Our Firm?

Skilled Advocacy in Negotiations & At Trial

Our ability to win in front of juries and obtain meaningful settlements through negotiation for our clients is evident in our record of multi-million dollar results. Our lead trial lawyer has more than three decades of experience in personal injury and medical malpractice cases. When we take on a case, you may count on us to have the resources to pursue those responsible. Our firm has a physician on staff and utilizes a network of excellent experts who can lend insight into your case. From our office in Irvine, we proudly serve clients throughout Orange County and beyond.

  • “We highly recommend the Law Offices of Marshall Silberberg for any personal injury case you may be facing. We will forever be grateful for their aptitude to serve families in our community and their support in defending our son’s future.”

    - Diana M.
  • “I can't begin to express how wonderful their service is. Will Collins and Marshall are a great team and will provide you with what you're expecting, plus more. Marshall even personally visited me out of state when I was receiving rehabilitation services.”

    - Amy T.
  • “He and his staff always kept me informed. He personally answered his cell phone whenever I called. He fought for me, and in the end, obtained a settlement in 14 months that was far greater than any of the similar cases I had researched.”

    - Craig F.
  • “There are no words that describe how grateful I am for Marshall, Will, and the whole team. They fought to get justice for my family, myself, and my unborn baby. When it comes to being committed and fighting for justice, they truly do a great job.”

    - Karla B.
  • “Marshall did a great job for me! He was always there for me, if I called he would be right there! He and the whole team at The Law Office of Marshall Silberberg were awesome, 5 stars! Don't know of anybody better.”

    - Charles T.
    • Failure to Treat $6,250,000
    • Failure to Diagnose $8,800,000
    • Medical Malpractice $8,000,000
    • Catastrophic Surgical Error $28,700,000
    • Medical Malpractice $5,700,000
      • The National Trial Lawyers
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      • International Academy of Trial Lawyers
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      • American Board of Trial Advocates
      • AV Preeminent

        Our Values

        What Our Work Means To Us
        • Experienced

          Under our representation, your case will be backed by decades of experience; experience that includes hundreds of trial cases and countless courtroom wins. Our straight-shooting, no-nonsense approach has resulted in hundreds of millions of dollars in verdicts and settlements.

        • Connected

          We have spent decades cultivating close working relationships with an array of physicians and industry experts. We use these connections to provide invaluable insight and expert testimonies on the cases we take to court.

        • Compassionate

          At our firm, the attorney-client relationship is sacred. We are committed to bringing a sense of peace to the victims and families we represent. Nothing is more rewarding than when we can help our clients ease the pain and frustration their injuries have caused them.

        • Results-Driven

          Our tenacity and work ethic set us apart. We’re not afraid to roll up our sleeves and really get to work on a case. From our personal meetings with prominent field experts to the development and strategy of your overall case, we will zealously stand by your side from start to finish.