Are Doctors Liable for a Misdiagnosis?
Doctors may be liable for misdiagnosis if patients suffer serious injuries or advancing disease as a result. They will also need to show that the doctor failed to provide an acceptable level of care in analyzing and diagnosing their symptoms.
Misdiagnosis, failure to diagnose, and other diagnostic errors are common allegations in medical malpractice claims. If you believe your misdiagnosis and resulting injuries stem from carelessness or recklessness on your doctor’s behalf, speak to a Florida medical malpractice lawyer about your options as soon as possible.
Understanding Liability in a Florida Misdiagnosis Malpractice Case
A misdiagnosis occurs when a doctor:
- Incorrectly diagnoses a patient;
- Fails to diagnose a serious injury or condition; or
- Fails to rule out another potential cause of your condition (called a “differential diagnosis”)
The results of a diagnosis error can be devastating. The patient could receive the wrong treatment, delayed treatment, or no treatment. They continue to experience symptoms and their condition could worsen. In some cases, such as cancer, strokes, and heart attacks, a misdiagnosis can be deadly.
Some conditions are difficult to diagnose, and patients may present with unusual symptoms. For this reason, not all cases of misdiagnosis are automatically a medical malpractice case. However, if the doctor or other healthcare provider failed to provide the accepted standard of care, and this led to the misdiagnosis, then you may have a legal claim.
When Is a Misdiagnosis Considered Medical Malpractice?
Medical professionals must provide the same assessment, diagnosis, and treatment one would expect of a reasonably careful professional with similar experience and training. This explains why expert witnesses play a key role in these cases.
A misdiagnosis can occur in several ways. Any of them could be the result of medical malpractice. They include:
- Wrong Diagnosis: The doctor diagnoses the patient with the wrong injury or illness. This can cause the patient to continue doing something that makes their condition worse or prevents them from seeking proper treatment.
- Delayed Diagnosis: The doctor only diagnoses the correct affliction after a significant delay. This delay can mean that an injury or illness gets worse, and the patient may suffer unnecessarily.
- Failure to Diagnose: The doctor sends the patient home without a diagnosis, possibly dismissing their complaints entirely.
- Failure to Explore Alternative Diagnoses: The doctor thinks that the signs and symptoms are from one thing, but they fail to investigate whether there can be another serious cause. For example, many times doctors diagnose vertigo when they should first rule out a stroke.
What Do I Have to Prove to Hold a Doctor Liable for Misdiagnosis?
To hold a doctor accountable and get justice after a Florida misdiagnosis, you will need evidence to show four things:
- The doctor had a doctor-patient relationship with the patient.
- The doctor breached their duty by failing to provide an accepted standard of care.
- The breach directly harmed the patient, either by worsening their condition or causing additional injuries.
- The patient suffered harm—physically, emotionally, and/or financially.
When a doctor fails to provide an acceptable standard of care and a patient suffers worsening symptoms or a negative outcome, the victim or their family can likely file a medical malpractice claim to hold them accountable.
The Role of Expert Witnesses in Building a Compelling Misdiagnosis Case
Florida law requires that you have an affidavit from an expert witness before filing a lawsuit. It can be hard to know where to begin, but a knowledgeable medical malpractice lawyer on your side can help you navigate this process.
Before you can proceed with your lawsuit, you must provide an affidavit that an expert has reviewed the case and agrees the doctor likely acted negligently, thus committing malpractice. This is crucial since another physician must establish what an accepted standard of care would look like under the circumstances.
You will want to choose a medical malpractice law firm with a strong network of medical experts that they work with frequently. Your attorney should be able to call on a doctor with training and experience similar to the one who failed to accurately diagnose you. This is the best way to show malpractice occurred.
Misdiagnosis Can Leave You With Many Types of Losses
In a successful medical malpractice lawsuit for misdiagnosis, you could recover:
- Economic Damages: Medical care costs, future treatment expenses, lost income, reduced earning capacity, out-of-pocket costs
- Non-Economic Damages: Physical pain and suffering, emotional distress, other intangible losses
Medical malpractice law firms may also handle wrongful death cases. If your loved one died because of a misdiagnosis or missed diagnosis, you have rights. You should contact a law firm near you to learn more about your options for seeking and recovering compensation for your family.
How Long Do I Have to Sue the Doctor Who Misdiagnosed Me?
Under Florida Statutes § 95.11, you generally have up to two years to file a medical malpractice lawsuit based on an injury or wrongful death. However, exceptions exist. You could have longer if:
- You did not discover the misdiagnosis right away
- The victim is a child under age eight
- The doctor or hospital took steps to conceal the misdiagnosis
While two years may seem like a significant window of time to sue after discovering the misdiagnosis, the sooner you can seek help, the better.
Why Should I Hire a Lawyer for My Misdiagnosis Case?
When you hire a medical malpractice firm to represent you, the attorneys will:
- Protect your rights. Your attorney will manage all contact with insurance companies, the hospital, the doctor, and others involved in the case.
- Build the case. The firm should be able to contact medical experts and other professionals to review your case and damages. They can work on establishing the elements of negligence and all the work it entails.
- Alleviate some of your worries. You can focus on healing and recovering from your illness or injury.
Florida has a complex medical malpractice legal process with numerous steps that require claimants to adhere to rules of which they are likely unaware. This makes navigating this process without a knowledgeable and experienced attorney difficult, if not impossible. The sooner you have a lawyer on your side, the sooner you can stop worrying about what you need to do next.
Discuss Your Misdiagnosis with Our Florida Medical Malpractice Team
Florida’s medical malpractice laws make it difficult to hold doctors liable for a misdiagnosis, but our team offers hope. You do not want to trust an inexperienced attorney to demonstrate how the doctor’s actions caused you to suffer needlessly.
Instead, call Freidin Brown, P.A. today. We are here to help. We provide free, confidential case evaluations. Let our medical malpractice team review your case facts and discuss how our misdiagnosis attorneys can help. Contact us now to get started.
