No need to travel! We can bring our services directly to you!

Misdiagnosis Attorney Los Angeles

When a doctor misses, delays, or misdiagnoses a treatable condition, it can become life-threatening. If you suspect that you’ve been the victim of a misdiagnosis by a medical professional, getting straight answers about your legal options is the next best step. The medical misdiagnosis lawyers at Cohen & Marzban hold negligent providers accountable for patients across Los Angeles and Southern California.

  • best attorneys
  • NAJ
  • lead counsel
Schedule a Free Consultation with Our Attorneys Today!
    Thank you! Your submission has been received!
    Oops! Something went wrong while submitting the form.

    Los Angeles Medical Misdiagnosis Lawyers Holding Negligent Providers Accountable

    You trusted a physician to interpret your symptoms accurately and provide the correct medical care. When that trust is broken, and the wrong call causes real harm, the effects can follow you for the rest of your life.

    Cohen & Marzban has recovered more than $2 billion for injured clients throughout Southern California. With four decades of experience and the Litigator Award, an honor reserved for the top 1% of trial attorneys nationwide, our skilled team is ready to stand up to negligent doctors, hospitals, and their insurers when a preventable diagnostic mistake changes everything.

    Whether your case involves a missed condition, a delayed diagnosis, or an entirely wrong diagnosis, our medical misdiagnosis lawyers know how to prove what went wrong. If you believe a misdiagnosis harmed you or a loved one, contact our misdiagnosis attorneys in Los Angeles today for a free consultation to discuss your legal options.

    What Counts as Medical Misdiagnosis

    Medical misdiagnosis occurs when a provider fails to correctly identify a patient's condition as a reasonably careful provider would. It generally takes one of three forms:

    • Missed diagnosis: The provider finds nothing wrong and sends the patient home, even though a real, identifiable condition is present.
    • Delayed diagnosis: The correct diagnosis is eventually made, but only after a harmful delay that allowed the condition to progress.
    • Wrong diagnosis: The provider diagnoses the wrong condition and treats the patient for an illness they never had, leaving the true problem untreated.

    An incorrect diagnosis on its own is not automatically malpractice. To bring a valid claim, our medical misdiagnosis lawyers must show that the provider breached the accepted standard of care and that the mistake directly caused you harm. This page offers general information about California law and is not legal advice for your specific situation.

    How Do Misdiagnosis Errors Happen

    Most diagnostic mistakes are not the result of a rare, unforeseeable medical mystery. They come from breakdowns in the basic steps a careful provider is expected to follow. Johns Hopkins researchers have found that the majority of serious diagnostic errors trace back to lapses in clinical judgment rather than the limits of medicine itself.

    Some of the most common causes we see in misdiagnosis claims include:

    • Failing to order the right tests: Skipping the blood work, imaging, or screening that the patient's symptoms clearly called for.
    • Misreading test results: Overlooking a tumor on a scan, misinterpreting a biopsy, or ignoring lab values that pointed to a serious problem.
    • Rushing the appointment: Spending too little time with a patient and settling on the first, most convenient explanation for their symptoms.
    • Taking an incomplete history: Not asking about family history, prior conditions, or medications that would have changed the diagnosis.
    • Failing to refer to a specialist: Keeping a complex case rather than sending the patient to a provider with the right expertise.
    • Communication breakdowns: Losing critical information between shifts, departments, or providers, so no one connects the dots.

    How Common Is Diagnostic Error

    Misdiagnosis is far more widespread than most patients realize. A 2025 cohort study published in JAMA Network Open reviewed more than 302,000 emergency hospitalizations among older Medicare patients and found that about 3.2% were preceded by a potential diagnostic error, meaning the patient had been sent home from the emergency department within the previous nine days.

    Those cases were linked to higher 30-day mortality and fewer healthy days at home than hospitalizations without a potential error. Johns Hopkins researchers have separately identified three disease categories, which they call the "Big Three," that account for roughly three-quarters of the most serious diagnostic harms nationwide: vascular events, infections, and cancers.

    Our firm reviews claims involving the conditions that are misdiagnosed most often, including:

    • Cancer: Breast, lung, colorectal, and other cancers caught too late for the most effective treatment.
    • Heart attack: Cardiac symptoms dismissed as anxiety, indigestion, or a panic attack;
    • Stroke: Warning signs mistaken for a migraine, vertigo, or intoxication.
    • Sepsis and infections: Serious infections sent home without treatment until they become critical.
    • Pulmonary embolism and blood clots: Life-threatening clots overlooked in patients with chest pain or shortness of breath.
    • Meningitis and appendicitis: Time-sensitive conditions treated as a routine illness.

    If a diagnostic mistake caused or worsened your injury, our misdiagnosis attorneys in Los Angeles will investigate what went wrong and identify every provider and facility that shares responsibility.

    How Do You Prove a Medical Misdiagnosis Claim

    Winning a misdiagnosis case takes more than just showing that a diagnosis was wrong. California law requires proof of four specific elements, and our knowledgeable medical misdiagnosis lawyers build the evidence for each one.

    Because these cases turn on detailed medical evidence, having an experienced misdiagnosis attorney in Los Angeles review your records early can make a significant difference.

    Who Can Be Held Liable for a Misdiagnosis

    A diagnostic error rarely involves just one person. Depending on how the mistake happened, more than one provider or institution may share responsibility. Our team investigates the entire chain of care to identify every party that contributed to your injury.

    Parties that may be liable in a misdiagnosis claim include:

    • Physicians and specialists: The primary care doctor, emergency physician, or specialist who made or missed the diagnosis.
    • Radiologists and pathologists: The professionals who read imaging studies and biopsies and may have overlooked or misread the findings.
    • Nurses and technicians: Staff who failed to record symptoms accurately, run ordered tests, or pass along critical information.
    • Laboratories: Facilities that mishandled samples or reported inaccurate results.
    • Hospitals, urgent care centers, and medical groups: Institutions that may be responsible for the actions of their staff or for systemic failures in how care was delivered.

    Identifying the right defendants matters, because it can affect both the strength of your case and the compensation available to you. Our medical misdiagnosis lawyers handle that analysis for you.

    When to Contact a Misdiagnosis and Failure to Diagnose Attorney

    Not every diagnostic mistake leads to a valid medical malpractice claim, but a few warning signs suggest it is worth having an experienced misdiagnosis and failure to diagnose attorney review your records, especially in misdiagnosis and delayed diagnosis situations where timing is everything.

    It may be time to call if your condition worsened after a provider sent you home, if a later doctor was surprised that the problem had been missed or mislabeled, if you needed more aggressive treatment because the diagnosis came late, or if a scan, lab, or biopsy was misread.

    Our wrong diagnosis lawyers can review what happened at no cost and explain your options. Because California's filing deadlines are strict, it is best to reach out as soon as you suspect a medical mistake. Don’t wait.

    How Our Los Angeles Misdiagnosis Attorneys Build Your Case

    Medical malpractice claims are among the most complex and heavily defended cases in personal injury law. Hospitals and malpractice insurers have teams of lawyers and experts working to limit what they pay, so we prepare every case as if it will go to trial.

    When you bring us a potential misdiagnosis claim, our team will:

    • Review your complete medical records to trace the timeline of your care and pinpoint where it went wrong.
    • Consult qualified medical professionals who can explain how the provider departed from the standard of care.
    • Identify every liable party, from the treating physician to the hospital, radiologist, or lab involved.
    • Calculate the full value of your losses, including future medical needs and lost earning capacity.
    • Handle every negotiation with the providers and their insurers so you do not have to;
    • Take your case to court when a fair settlement is not on the table.

    From the first free consultation to the resolution of your claim, our medical misdiagnosis lawyers keep you informed and carry the legal burden so you can focus on your recovery.

    Compensation Available in a Misdiagnosis Claim

    A serious misdiagnosis can affect your health, your finances, and your family for years. Our medical misdiagnosis lawyers pursue compensation for the full range of your losses, both financial and personal.

    Economic Damages

    Economic damages cover the measurable financial costs of a misdiagnosis, including:

    • Medical expenses: Additional treatment, surgeries, hospital stays, medication, and future care made necessary by the delay or error.
    • Lost income: Wages lost during recovery, plus reduced earning capacity if your condition prevents you from returning to work.
    • Out-of-pocket costs: Travel for treatment, medical equipment, and in-home care.

    Under California law, there is no cap on economic damages in a medical malpractice case.

    Non-Economic Damages

    Non-economic damages address the personal toll of a misdiagnosis, such as:

    • Pain and suffering: Physical pain and lasting discomfort caused by the untreated or mistreated condition.
    • Emotional distress: Anxiety, depression, and the fear that comes with a preventable decline in health.
    • Loss of enjoyment of life: The inability to take part in the activities and relationships that mattered before the injury.

    California's MICRA law places a limit on non-economic damages in medical malpractice cases. For cases resolved in 2026, that limit is $470,000 for injury cases and $650,000 when the misdiagnosis results in death. When a diagnostic failure takes a patient's life, surviving relatives may also pursue wrongful death damages for funeral costs, lost support, and loss of companionship.

    A Provider-Patient Relationship Existed

    First, we establish that the provider agreed to treat you and therefore owed you a professional duty of care. This element is usually straightforward once medical records confirm the treatment relationship.

    The Provider Breached the Standard of Care

    Next, we show that the provider did not do what a reasonably careful provider would have done under the same circumstances. This almost always requires a qualified medical professional to review the records and explain how the care fell short.

    The Breach Caused Your Injury

    It is not enough that a mistake occurred. We must connect the misdiagnosis directly to your harm, showing that a correct and timely diagnosis would have led to a better outcome.

    You Suffered Damages

    Finally, we document the real losses the misdiagnosis caused, from additional medical bills and lost income to physical pain and emotional suffering.

    Hurt by a Misdiagnosis? Talk to Our Team.

    There is no cost to schedule an initial consultation, and you pay nothing unless we recover compensation for you. Our contingency fee structure gives every injured patient access to top-rated legal representation with no upfront cost to the client.

    Your Case Deserves Serious Attention

    California's filing deadlines mean medical records and other key evidence proving your misdiagnosis can slip away quickly, and your options can narrow with time. Contact our firm today to set up a free, no-obligation consultation.

    Get a Free Consultation Today
    Available 24/7
    (818) 986-3332

    why us

    Why Choose Cohen & Marzban to Handle Your Claim

    Taking on a hospital or a physician's malpractice insurer requires a team with the experience and resources to prove a diagnostic error caused real harm. Here is what sets our firm apart. We are prepared to work with medical professionals and independent experts to show exactly how a provider departed from the standard of care and what that departure cost you.

      The Litigator Award

      We are recognized as one of the top 1% of trial attorneys nationwide, reflecting our willingness to fight for clients both in and out of the courtroom.

      $2 Billion in Damages Recovered

      We have built our track record over four decades of representing injury victims throughout Los Angeles and Southern California.

      24/7 Availability

      We are reachable around the clock, and we can come to you, whether you are at home or in the hospital.

      No Fees Unless We Win

      You pay nothing up front and nothing at all unless we secure compensation for you.

      Clear, Transparent Communication

      We keep you informed at every stage, answer your questions promptly, and explain your options in plain language.

      our team

      Meet Our Los Angeles Misdiagnosis Attorneys

      Bob M. Cohen

      Bob M. Cohen

      Attorney & Founder

      Bob M. Cohen is the Chairperson of the Board of Directors of the Better Business Bureau of Southern California and Silicon Valley and a practicing attorney at Cohen & Marzban Law Corporation.

      About Bob M. Cohen
      advocates forum 2
      advocates forum 1
      endorsed ama
      avvo-rating
      cohen-super-lawyer
      No items found.
      Michael M. Marzban

      Michael M. Marzban

      Attorney & Co Founder

      Michael M. Marzban is a California and Nevada lawyer who relentlessly advocates protecting the rights of people who have suffered injuries and damages. 

      About Michael M. Marzban
      advocates forum 2
      advocates forum 1
      endorsed ama
      avvo-rating
      No items found.
      David Sarfaty

      David Sarfaty

      Director of Investigation

      Andrea Lamm

      Andrea Lamm

      Accounting

      Michael Azizi

      Michael Azizi

      Executive Administrator

      Our cases

      Our Results in Personal Injury Cases

      350000

      Heavily contested personal injury case

      1800000

      Client burned at barbecue restaurant. Seating was too close to grill.

      1000000

      Mild traumatic brain injury case

      testimonials

      What Our Clients Say

      locations

      Proudly Serving Los Angeles and Surrounding Communities

      Our trusted medical misdiagnosis lawyers represent injured patients throughout Los Angeles County and the surrounding region.

      View All Locations

      FAQ

      Frequently Asked Questions

      What is the difference between misdiagnosis and medical malpractice?

      Misdiagnosis is one type of medical mistake. It becomes malpractice only when the provider failed to meet the accepted standard of care, and that failure caused you harm. A difficult or rare condition that any careful doctor could have missed is usually not malpractice, which is why a case-by-case review matters.

      How long do I have to file a misdiagnosis claim in California?

      Under California Code of Civil Procedure section 340.5, you generally have three years from the date of injury or one year from the date you discovered, or reasonably should have discovered, the injury, whichever comes first. California also requires 90 days' written notice to the provider before filing suit. Because these deadlines are strict, it is important to speak with a misdiagnosis attorney in Los Angeles as soon as possible.

      Is every misdiagnosis medical malpractice?

      No. Medicine involves uncertainty, and not every wrong or delayed diagnosis is negligent. The question is whether a reasonably careful provider, with the same information, would have reached the correct diagnosis in time. Proving that usually requires review by a qualified medical professional.

      Do I need a medical professional to prove my case?

      In nearly every California medical malpractice case, yes. Expert testimony is typically needed to establish the standard of care and to show how the misdiagnosis caused your injury. Our firm works with respected medical professionals to build that support.

      15000000
       
      Motor Vehicle Accident
      8800000
       
      High-Value Injury Result
      5300000
       
      High-Value Trip Recovery
      5000000
       
      High-Value Liability Result
      5000000
       
      Motor Vehicle Accident
      4500000
       
      Fatigued Driver Accident
      4400000
       
      Premises Liability
      4300000
       
      Product Liability
      4300000
       
      Motor Vehicle Accident
      3700000
       
      Multi-Vehicle Collision
      3650000
       
      Major Impact Collision
      3600000
       
      Highway Wreck
      3500000
       
      Major Liability Result
      3500000
       
      Major Personal Injury
      3500000
       
      Sexual Abuse Settlement
      3500000
       
      Emotional Distress
      3300000
       
      Complex Death Litigation
      3000000
       
      Institutional Abuse
      3000000
       
      School Abuse Claim
      2800000
       
      Faulty Maintenance
      2100000
       
      Contested Death Claim
      2100000
       
      Minor Abuse Case
      2100000
       
      School District Liability
      2000000
       
      High-Value Settlement
      2000000
       
      Significant Injury Settlement
      2000000
       
      Significant Personal Injury
      2000000
       
      Product Safety Failure
      2000000
       
      Park Injury Claim
      2000000
       
      Slip & Fall
      1900000
       
      Large Scale Settlement
      1800000
       
      Left-Turn Accident
      1800000
       
      Bodily Injury
      1750000
       
      Slip & Fall
      1700000
       
      Ankle Injury Slip
      1600000
       
      Complex Car Wreck
      1600000
       
      Prior Condition Aggravation
      1500000
       
      Large Injury Compensation
      1500000
       
      Commercial Property Incident
      1500000
       
      Negligent Layout Fall
      1500000
       
      Passenger Injury
      1500000
       
      Wrongful Death
      1500000
       
      Premises Liability
      1500000
       
      Motorcycle Accident
      1300000
       
      Motor Vehicle Dispute
      1300000
       
      Intersection Collision
      1250000
       
      Large Injury Recovery
      1250000
       
      Significant Liability Case
      1250000
       
      Policy Limits Recovery
      1250000
       
      Wrongful Death
      1250000
       
      Motor Vehicle Accident

      Get a Consultation

      Contact Our Los Angeles Medical Misdiagnosis Lawyers Today

      Recovering from a serious diagnostic mistake is hard enough without fighting a hospital and its insurer on your own. Cohen & Marzban is here to take on that battle for you. Trust our experienced team to pursue the full compensation you deserve while you focus on your health.

        Thank you! Your submission has been received!
        Oops! Something went wrong while submitting the form.