Yes. If you were harmed because of a healthcare provider’s misdiagnosis or failure to diagnose, you can pursue a medical malpractice claim against them. You may secure a payout and hold the liable party accountable if you have evidence to show that your healthcare provider’s negligence led to your delayed treatment, unnecessary procedures, or worsening health.
To win your case, you must have a compelling case to show that your medical care provider failed to provide the standard of care a reasonably competent professional would under the same circumstances. Working with a Florida medical malpractice lawyer makes this process easier to navigate and less stressful for you.
What Damages Can I Recover In A Florida Misdiagnosis Case?
The nature and severity of the injuries the misdiagnosis caused will affect the value of your case. If you only suffered relatively minor, temporary health concerns, you will likely qualify to recover less compensation than if you are living with a lasting disability or advanced disease.
Depending on the injuries, expenses, and losses you experienced, you could recover compensation for the following economic and non-economic damages:
- Past and future medical care expenses
- Lost income while you were out of work
- Diminished earning capacity if you cannot return to work
- Rehabilitation, therapy, or care and support costs
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
If your loved one died because of a misdiagnosis, you might have a case that allows a Florida wrongful death lawyer from our team to pursue damages such as:
- Funeral and burial costs
- Loss of companionship
- Loss of parental support
- Loss of income and benefits
What Is A Misdiagnosis And Who Might Be Liable?
A misdiagnosis occurs when a healthcare provider incorrectly identifies a medical condition or fails to identify a medical condition. A misdiagnosis malpractice claim may be possible if your doctor or care provider:
- Failed to diagnose a serious illness
- Delayed the correct diagnosis
- Diagnosed the wrong condition and provided improper treatment
While almost any misdiagnosed condition, illness, or injury could support a medical malpractice claim, some are much more common than others. These cases often focus on serious, life-threatening conditions. Examples could include cancer, heart attacks, strokes, infections, and autoimmune conditions.
The liability for a misdiagnosis could fall on:
- Physicians, usually primary care doctors and specialists
- Radiologists who read imaging scans incorrectly
- Pathologists who made mistakes in the lab or misread results
- Nurse practitioners or physician assistants
- Urgent care or emergency department personnel
- Clinics, hospitals, or diagnostic facilities
Because many parties play a role in the testing and diagnostic process, liability for a misdiagnosis may fall on multiple individuals or organizations. Our attorneys can review the circumstances that led to your injuries to identify the potentially liable parties.
How Does A Misdiagnosis Cause Injuries?
When you receive a misdiagnosis, it could delay lifesaving or symptom-resolving treatment. Possible harm you could endure because of a misdiagnosis includes:
- Disease progression, such as the spread of an undiagnosed cancer
- Organ damage due to delayed treatment
- Unnecessary surgery
- Unnecessary medication complications or side effects
- Permanent disability from untreated medical conditions, such as strokes
- Wrongful death
In some cases, a patient is treated for a condition they do not have because of a misdiagnosis. This could mean enduring side effects from inappropriate medications or complications from invasive procedures. At the same time, the real condition continues to worsen because they do not receive the necessary care.
How Do I Prove A Florida Medical Malpractice Case Based On A Misdiagnosis?
Florida law sets the criteria for a successful medical malpractice case in Florida Statute § 766.102. Winning a misdiagnosis case under these laws requires meeting very specific legal guidelines. You will need to have convincing evidence to show:
- You had a provider-patient relationship with the accused party or parties
- The provider failed to act reasonably as a trained medical care provider should under the given circumstances
- Their action or inaction caused your injury
- You suffered harm, such as financial loss, physical harm, or emotional suffering
What Does The Florida Medical Malpractice Claims Process Look Like?
Florida law requires a pre-suit process for all medical malpractice claims, including those based on a misdiagnosis. To proceed with this process, you must have a medical expert’s written opinion stating that your claim has merit. Our attorneys can draw on our firm’s resources to retain a professional who can provide this testimony for us.
With this affidavit, we can file an official notice of our intent to sue, which begins a 90-day investigatory period. This could result in a settlement offer or permit us to pursue a lawsuit against the accused party.
Act Quickly To Protect Your Right To Take Your Case to Court
You must act quickly to hold a healthcare provider or facility accountable for medical negligence. Whether you suffered from delayed cancer treatment, were prescribed unnecessary drugs, or lost a loved one due to a missed diagnosis, you must meet strict deadlines to protect your right to sue.
Under most circumstances, Florida Statutes § 95.11 gives you only two years from the discovery of the misdiagnosis to file a lawsuit. However, there are often other deadlines that could apply. It is often difficult to determine the timeline in these cases because of the complexity of these laws.
We encourage you to reach out to our team as soon as possible after you begin to suspect you were a malpractice victim.
Discuss Your Florida Misdiagnosis Malpractice Case With Our Team
Anidjar & Levine offer free consultations to assess potential medical malpractice cases in Florida. We can discuss your misdiagnosis and help you understand if it might support a legal case.
Misdiagnosis cases are often complex and require the support of medical experts. Our Florida medical malpractice attorneys have the resources necessary to manage your case and fight for the justice you deserve. Contact us today.
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