Stroke Misdiagnosis Lawyer in Anaheim

Nearly 30 Years Inside Hospital Defense. Now Fighting for Injured Families.

A stroke misdiagnosis can transform a survivable event into permanent disability or death. When emergency providers miss the signs, order the wrong tests, or fail to act within the treatment window, the consequences fall entirely on the patient and their family. Law Office of Marshall Silberberg is an Orange County medical malpractice firm representing Anaheim-area families in exactly these cases. Founder Marshall Silberberg spent nearly 30 years defending hospitals and physicians before building a plaintiff-focused practice in 2004. That background shapes how we evaluate, prepare, and try these claims.

We take on matters involving substantial, lasting harm. With more than $500 million recovered for injured clients across Southern California, we bring the resources and trial experience these cases demand.

If a missed or delayed stroke diagnosis caused serious harm to you or someone in your family, contact our firm for a case evaluation. Call (949) 565-4281 to speak with our team.

How a Stroke Gets Missed

Strokes fall into two main categories. An ischemic stroke occurs when a blood clot blocks circulation to part of the brain. A hemorrhagic stroke results from a ruptured blood vessel causing bleeding inside the brain. Both are medical emergencies, but they don’t always present that way to a treating provider.

Symptoms are sometimes attributed to migraine, vertigo, or intoxication, delaying recognition that a stroke is occurring. Strokes affecting the brainstem or posterior circulation don’t always produce the warning signs providers are trained to recognize first, making them more prone to being overlooked entirely. When brain imaging such as a CT scan or MRI isn’t ordered promptly, or results aren’t interpreted correctly, the diagnostic window closes.

That window matters enormously. Tissue plasminogen activator (tPA), the clot-dissolving medication used to treat ischemic stroke, is most effective when administered within a narrow time frame after symptoms begin. A delay of hours can be the difference between a full recovery and permanent neurological damage.

What a California Stroke Misdiagnosis Claim Must Prove

Medical malpractice claims in California require establishing four elements. First, a doctor-patient relationship must have existed, creating a legal duty of care. Second, the provider must have breached the standard of care, meaning a reasonably skilled provider facing the same circumstances would have acted differently. Third, that breach must be causally connected to the harm the patient suffered. Fourth, the claim must show actual damages resulting from the delayed or missed diagnosis.

In stroke cases, causation is often where the defense focuses its effort. Insurers and hospital defense teams routinely argue that the outcome would have been the same regardless of timing. We understand that argument because we spent decades making it on the other side. We know how to counter it with the right medical experts and the imaging and treatment record evidence that tells the complete story.

California Filing Deadlines for Stroke Misdiagnosis Claims

Under California Code of Civil Procedure section 340.5, a medical malpractice action must generally be filed within three years of the date of injury or within one year of discovering the injury, whichever comes first. California law also requires a claimant to give the health care provider 90 days’ written notice before filing suit. If that notice is served within the final 90 days of the limitations period, the deadline extends by 90 days.

For children under six at the time of the alleged malpractice, the claim must generally be filed within three years of the wrongful act or before the child’s eighth birthday, whichever period is longer. These deadlines are strict. Waiting to consult an attorney can eliminate an otherwise valid claim.

Why Our Background Matters in These Cases

Stroke misdiagnosis claims are built on technical medical evidence: imaging interpretation, treatment-window timing, triage documentation, and the standard of care applicable to the specific clinical setting. Presenting that evidence in a way a jury can follow requires more than medical knowledge. It requires trial experience with this category of case.

Our firm brings several distinct advantages to these claims:

• Insider knowledge of hospital defense strategy. Marshall Silberberg spent decades advising hospitals and physicians on exactly how to defend these claims. That knowledge now works for injured families.
• Extraordinary trial volume. We have tried more than 200 medical malpractice cases to verdict and more than 250 cases to verdict overall. Few California firms can match that record in this practice area.
• Trial-ready preparation. We prepare every case as if it will go before a jury. Insurance carriers and defense firms recognize that credibility, and it changes how they approach negotiations.
• Medical expert networks and litigation resources. These cases require qualified medical experts and sustained financial support. We deploy both.

Damages We Pursue for Clients

A missed or delayed stroke diagnosis can leave a person with permanent cognitive or physical impairment requiring lifelong care. We pursue financial recovery for our clients, including past and future medical expenses, rehabilitation costs, lost income and earning capacity, and pain and suffering. Life care planning plays a central role in cases involving ongoing disability, documenting the true long-term cost of the harm and what it can take to provide for your future.

When a stroke misdiagnosis results in death, surviving family members may have grounds to pursue a wrongful death claim. We represent families in both contexts.

Serving Anaheim Through Orange County Superior Court

Our firm is based in Irvine and maintains an additional office in Los Angeles. Civil claims arising from medical care provided in Anaheim fall under the jurisdiction of the Orange County Superior Court, the same court system where we have tried and resolved a substantial number of our medical malpractice cases. We are recognized throughout Southern California as a trial-focused practice prepared to take a case the full distance when full compensation is at stake.

Discuss Your Case with Our Firm

California’s filing deadlines for stroke misdiagnosis claims are strict, and delays in contacting an attorney can foreclose otherwise valid claims. We represent clients on a contingency fee basis, meaning no attorney fees are owed unless we secure a recovery on your behalf.

If a stroke was missed or delayed by a provider in the Anaheim area, contact Law Office of Marshall Silberberg to discuss what happened. Call (949) 565-4281 to schedule a consultation.