A delayed diagnosis could have devastating results for a patient in Miami, Florida. The patient could die sooner than expected because they did not receive treatment. A patient might sustain a permanent impairment because of a delayed diagnosis.
The Miami delayed diagnosis lawyers of Shaked Law Personal Injury Lawyers have more than 100 years of legal experience. Our law firm has recovered millions of dollars for clients and their families since 2007. We fight to hold doctors and medical providers responsible for their medical negligence and careless medical errors.
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How Our Miami Medical Malpractice Lawyers Help You With a Delayed Diagnosis Claim
Proving that your doctor failed to diagnose your condition as soon as possible can be challenging. You need medical specialists and other expert witnesses to provide opinions and detailed analyses of your condition. Our law firm has the resources to retain the experts necessary to provide evidence for a delayed diagnosis case.
Our lawyers have decades of experience handling medical malpractice claims. They have considerable experience and knowledge of Florida medical malpractice laws.
- Investigate what happened to you to determine how your doctor missed the diagnosis
- Filing claims and monitoring deadlines for filing lawsuits
- Work with medical experts to gather evidence that the delayed diagnosis caused you harm
- Document your damages and calculate the value of your injury claim
- Explain your legal options to help you decide whether to accept settlement offers or proceed to trial
You deserve to be compensated for the pain and loss caused by a delayed diagnosis. Contact our law office to schedule a free case evaluation with a Miami medical malpractice attorney.
Why Might a Doctor Fail To Diagnose a Medical Condition?
Diagnostic errors are common medical errors. A doctor fails to diagnose a patient’s condition, causing the patient to experience worsening symptoms. Sometimes, the patient may die sooner than they would have died had they received treatment.
The reasons for delayed diagnosis vary from mistakes to incompetence and intentional acts. Common causes of delayed diagnosis include:
- Emergency room errors
- Failure to order timely diagnostic tests
- Neglecting to order required diagnostic tests because a person’s insurance does not cover the test or they have no insurance
- Failing to refer a patient to a medical specialist
- The physician believes another condition causes the patient’s symptoms
- Physicians rushing during examinations
- Failing to monitor a patient for complications
- Treating patients while under the influence of drugs or alcohol
- Misinterpreting test results or losing test results
- Correctly diagnosing one condition but failing to diagnose a secondary condition
- Dismissing a patient’s symptoms or statements
- Poor judgment or working too many shifts and long hours
Cancer misdiagnosis is a common type of delayed diagnosis. However, a physician provider could fail to diagnose any medical condition. Delayed diagnosis could occur in a hospital, doctor’s office, emergency room, urgent care facility, nursing homes, and other health care facilities.
Who Is Liable for a Delayed Diagnosis in Miami?
You can sue the doctor for medical malpractice after you’ve suffered a delayed diagnosis in Miami. However, other parties could share in the liability if errors and mistakes resulted in a delay in diagnosing a condition.
You have the burden of proving the elements of a medical malpractice claim. Those elements are:
- The physician owed you a duty of care
- The doctor breached the duty of care
- The breach of duty caused your injuries
- You sustained damages because of the doctor’s conduct
Doctors must provide care that meets or exceeds the accepted standard of care. The standard of care depends on the facts of the case. The level of care is based on what doctors with similar experience, knowledge, and experience would have done given the same circumstances.
What Damages Can I Recover for a Delayed Diagnosis Case?
Victims of medical malpractice can recover compensation for their economic damages. These damages represent the financial losses the person incurs because of the delayed diagnosis. Those costs can include:
- Medical bills and expenses
- Cost of long-term nursing care and in-home nurses
- Expenses for personal care and household services
- Lost wages
- Out-of-pocket expenses
- Diminished earning potential
Victims of delayed diagnosis also experience pain and suffering. These non-economic damages include permanent disabilities, scarring, and a decreased quality of life. They also include emotional distress, physical pain, and mental anguish.
Is There a Deadline for Filing a Delayed Diagnosis Claim?
The Florida statute of limitations for most medical malpractice claims is two years from the date of the malpractice. It could be extended to two years from when the person should have reasonably discovered the malpractice.
However, it is always best to talk to a Miami delayed diagnosis lawyer as soon as possible. Waiting too long to pursue a claim could result in losing your legal rights.
Schedule a Free Consultation With Our Miami Delayed Diagnosis Lawyers
You can hold the doctor responsible for your delayed diagnosis financially liable for damages. However, you need to act now. Call us to schedule a free consultation to discuss your case with one of our Miami delayed diagnosis lawyers.