Thomas M. Diachenko, RN, JD, Esq.

(619) 699-5870

Law Offices of Thomas M. Diachenko, APC & Just Resolutions
1916 Third Avenue
San Diego, CA 92101

To see if we can help, call us at (619) 699-5870

Biography

  • Graduated from Boston University, School of Nursing in 1981, Bachelor of Science in Nursing (BSN)
  • From 1981 – 1988, worked as a licensed registered nurse (“RN”) in Boston, the pediatric ICU (“PICU”) at Yale New Haven Hospital in Connecticut and the PICU at San Diego Children’s Hospital while attending law school
  • Also, worked as an emergency transport nurse, certified trauma nurse, CPR instructor and a clinical nurse educator
  • Certifications received in: Advanced Cardiac Life Support (from the American Heart Association); Instructor of Cardiopulmonary Resuscitation (from the American Heart Association), and; Trauma Nursing.
  • Graduated cum laude from the University of San Diego School of Law in 1989
  • San Diego Law Review for high academic rank
  • Martindale-Hubbell has consistently rated Mr. Diachenko as “AV”, meaning that the legal profession has ranked him as possessing the highest possible rating for legal skills and ethical standards
  • Actively practicing law in good standing since June 1989
  • San Diego “Trial Star” award in 2020 for his outstanding trial results involving worker misclassification and sexual harassment

Legal Career

  • Thom spent the first eleven years of his legal career representing health care workers and entities in medical/professional malpractice, professional licensing and employment matters. Nine of those years where with the law firm of Lewis, D’Amato, Brisbois & Bisgaard (one of the largest law firms in California) where he became partner in 1996.
  • In 2000, Thom left to form his own firm while making the transition away from the representation of large corporate entities and health care providers to the representation of individuals and select small businesses.
  • Since 2001, Thom has represented people who were severely injured or families in wrongful death cases, involving the negligence or intentional acts of others. In recent years, Thom’s practice has primarily focused on employee rights with emphasis on wage and labor issues, wrongful termination, discrimination and sexual harassment. Thom has developed a significant level of experience with Private Attorney General Act claims for violations of California labor laws for which other lawyers routinely consult with him. Thom has tried dozens of cases since 1989. These trials have included general negligence, medical malpractice, wage, employment matters for both defendants (early in his career) and plaintiffs (later in his career) in all three practice areas. Thom successfully obtained recoveries in all eight of his Superior Court wage and hour cases he took to trial on behalf of employees. Thom has also successfully obtained several precedent setting appellate court decisions involving medical malpractice and wage issues.
  • Long-standing member of the San Diego County Bar Association and the Consumer Attorneys of California (CASD), where he also served as a member of board
  • Column editor for Trial Bar News since 2012, publishes monthly/bi-monthly articles written for lawyers
  • Past associate with the Welch and Enright Inns of Court programs
  • Past Executive Board Member of the Enright Inns of Co
  • Past Board Member of Deaf Community Services
  • Past Board Member for the University of San Diego Law School Alumni
  • Longstanding volunteer for San Diego Inns of Court Trial Practice Program (as a workshop leader training attorneys for trial)
  • Past California Western Community Outreach Program Volunteer

Thom’s practice includes his wife of over 40 years, Beth- who is also a Registered Nurse. In their spare time, they enjoy their grandchildren, social dancing and their dachshund.

RECENT AWARDS & RECOGNITION

  • 2020 CASD Trial Star Award for trial results (See “Horton” under “Recent Trial Results”) involving misclassification and sexual harassment
  • 2019 CASD Advocate of The Year Award for trial and appellate success on behalf of low wage workers (See “Atempa” under “Recent Trial Results and “Successful Appeals”)
  • 2015 CASD President’s Award – for the Lawyer Mentor Program
  • Listed annually as a “San Diego Top Lawyer” in San Diego Magazine
  • Annually receives the “Highest Rating” among his peers for competency and ethical standards in Martendale – Hubble Attorney Directory

INVITED GUEST SPEAKER FOR VARIOUS LEGAL AND MEDICAL PROFESSIONALS, INCLUDING:

  • San Diego Children’s Hospital
  • UCSD Medical Center
  • Palomar Pomerado Hospital District
  • San Diego County Bar Association
  • California Western School of Law
  • National Employment Lawyers Association
  • California Employment Lawyers Association
  • San Diego Lawyer Referral & Information Services
  • Consumer Attorneys of San Diego
  • Bridgepoint Legal Education

SUCCESSFUL APPEALS/WRITS

  • Atempa et. al., v. Pedrazzani et al. (2018) 27 Cal.App.5th – lower court trial verdict in wage/PAGA case upheld. (Thom represented workers/plaintiffs in a Wage & Hour/PAGA case).
  • Meoni v. Vleugels, et al. (2012) D058306 – writ reversing lower court decision of anti-SLAPP motion. (Thom represented plaintiff in medical malpractice case).
  • Woodhams v. Superior Court of San Diego, (2011) D049910 – writ reversing lower court decision re defense exams. (Thom represented plaintiff in a medical malpractice case).
  • Brown v. Superior Court (1990) 224 Cal.App.3d 989 – reversal of lower court summary judgment ruling. (Thom represented the physician/defendant in a medical malpractice case).