An incorrect or delayed diagnosis can have catastrophic consequences for a patient. The patient may not receive timely medical treatment or may even receive the wrong medical treatment. That’s why failures to diagnose often result in severe injury, permanent impairment, or wrongful death.
Fortunately, you can hold your medical provider liable if they fail to diagnose your medical condition. In fact, this might be the only way to obtain compensation for your medical bills, lost wages, and pain and suffering.
The Miami misdiagnosis attorneys of Shaked Law Personal Injury Lawyers can help you get everything you deserve from a negligent doctor. Our lawyers have more than 100 years of combined legal experience and have recovered tens of millions for our clients in Miami, FL.
How Our Miami Medical Malpractice Lawyers Can Help With Your Claim
Patients have the burden of proof in a medical malpractice case. This burden is made all the more difficult by Florida’s rules for a malpractice case. You will have to hire a medical expert to help substantiate your claim and prove the standard of care in your case.
The good news is that you do not have to handle your case alone. In fact, you shouldn’t. Shaked Law Personal Injury Lawyers can use our decades of experience and resources to bolster your case.
When you hire our Miami personal injury lawyers, you can expect us to:
- Investigate the claim to determine why your doctor failed to diagnose your condition
- Work with medical experts to determine the standard of care that should have been used in your case
- Calculate the value of your injury claim
- File insurance claims and monitor the deadlines to file lawsuits
- Negotiate a settlement that compensates you for all damages
We encourage you to reach out to our law office to discuss your case with a medical malpractice lawyer in Miami, Florida. Call now to schedule your free consultation.
How Often Do Doctors Fail to Diagnose a Medical Condition?
Failures to diagnose are more common than many people would like to believe. Diagnostic errors are a common reason for doctors missing a medical condition, especially in the emergency room. A John Hopkins study found that diagnostic mistakes were more common than surgical errors and medication overdoses.
A failure to diagnose a condition could occur in a hospital, doctor’s office, nursing home, or other medical facilities. Our legal team investigates all possible sources of medical negligence in your case to identify each party who could be liable for your claim.
Why Do Doctors Fail to Diagnose a Medical Condition?
There are many reasons why a doctor or medical provider might misdiagnose or fail to diagnose a condition. Medical negligence, carelessness, and intentional acts could be the cause.
Other causes include, but are not limited to:
- Failure to order diagnostic tests, lab work, and other tests
- Misinterpretation of test results
- Failing to refer a patient to a specialist
- Not reviewing a patient’s medical history and risk factors
- Rushing through an examination and not paying attention to a patient’s symptoms
- Failing to create a differential diagnosis list
- Defective medical devices and mistakes by lab workers and technicians
- Miscommunication between health care providers
In some cases, the misdiagnosis could be the result of intentional acts. For example, in some cases, a doctor may not order a test because the patient does not have insurance coverage. Another example would be a doctor providing medical care while under the influence of drugs or alcohol.
What Happens When a Doctor Fails to Diagnose a Medical Condition?
In some cases, a patient may not realize that their doctor made a diagnostic error for months or years after the error. Unfortunately, the patient may not receive timely care for their condition, which could result in a variety of consequences, such as:
- Heart attack
- Brain damage
- Cancer misdiagnosis
- Nerve damage
- Birth defects
- Wrongful death
- Internal organ damage or failure
Patients may even receive the wrong medical treatment, which could result in a worsened underlying condition. Fortunately, a medical malpractice claim could result in compensation for the above injuries, financial losses, and other damages.
Suing a Doctor for Failure to Diagnose a Condition in Florida
Filing a medical malpractice case requires that you prove the legal elements of malpractice. You must prove:
- You and the doctor had a doctor-patient relationship which created a duty of care
- The doctor breached the duty of care by failing to diagnose your condition
- The breach of duty was the proximate and direct cause of your condition
- You took steps to mitigate your damages
- You sustained damages because of the doctor’s actions
If you are successful, you can recover economic and non-economic damages for a medical malpractice case. Our legal team can help maximize your damages by carefully documenting your injuries and financial losses.
Schedule a Free Consultation With Our Medical Malpractice Lawyer in Miami
Did a doctor cause your injuries? If so, you may have a medical malpractice claim. Contact us today to schedule your free appointment with a Miami personal injury lawyer. We’re standing by to help with your claim.