Law Offices of Thomas M. Diachenko

WE REPRESENT PEOPLE WHO HAVE LOST LOVED ONES OR WHO HAVE SUSTAINED CATASTROPHIC PERSONAL INJURIES

We deal with legal solutions to those suffering life changing losses caused by intentional, reckless, irresponsible or negligent behavior. This includes catastropic injuries or death caused by the general negligence others (such as car “accidents” or unsafe premises) or professional negligence (negligence in providing care by a physician, hospital, clinic, nursing home, etc.) or elder abuse.

In addition to his successful trial results in general negligence and medical malpractice cases, Thom has also achieved success in the Court of Appeal as follows:

| Meoni v. Vleugels and Buccigross (2012) D058306 – won a writ reversing lower court decision of anti-SLAPP motion in malpractice case against two psychiatrists.

| Woodhams v. Superior Court of San Diego, (2011) D049910 – won a writ reversing lower court’s order allowing “medical” examination by a vocational rehabilitation expert in a medical malpractice case for a severe brachial plexus injury and chronic regional pain syndrome.

| Brown v. Superior Court (1990) 224 Cal.App.3d 989 – won an appeal reversing lower court summary judgment ruling regarding the time limitations for amending the complaint to add a claim for punitive damages against a health care provider.

CASE TYPES

- Medical Malpractice
- Elder Abuse
- Car/Bike Accidents
- Premises Liability

Thom has been litigating and trying personal injury cases since 1989. He spent the first eleven years of his legal career defending hospitals and health care providers in injury and wrongful death claims. Because of this experience, Thom is well equipped to deal with the tactics and strategies employed by the defense. He has successfully tried cases for both defendants and plaintiffs in personal injury cases. However, his current practice is exclusively limited to representing people (plaintiffs) who have been seriously injured or lost a family member.

Thom has also recovered tens of millions of dollars for medical malpractice and elder abuse cases.

Early in his career, he successfully defended cases involving both general negligence and professional negligence injury claims. Since then, he has also successfully tried personal injury claims (general and professional negligence) on behalf of the injured party. California’s 1975 Medical Injury Compensation Reform Act (MICRA) created a number of significant limitations and barriers which must be understood before such a case is pursued against defendants with significant financial resources. This area of practice requires a comprehensive understanding of the complexities of the medicine and the legal barriers to recovery. Thom’s prior experience as a registered nurse and as a lawyer defending these types of cases provides him with unique insight into the medical issues, defense strategies and tactics commonly employed in defending these cases.

Our firm has practical experience in having cared for people with disabling injuries, complex medical issues and the loss of a family member. Thom and Beth Diachenko have been licensed registered nurses since 1981. Because of our experiences as registered nurses, we understand the medical issues and how they can impact peoples’ lives. We understand injuries not just as attorneys, but as nurses who have worked in the public health care community, hospitals and intensive care units.