Not every medical professional can be trusted to properly diagnose their patients, even a majority of the time. If you sustained serious physical harm because a physician was reckless or careless in their failure to diagnose your condition correctly, you may have grounds to file suit against them and seek civil restitution for your ensuing losses.
Medical malpractice litigation like this can be complex, and injured people who do not have help from skilled malpractice attorneys tend to end up with unsatisfactory case outcomes. With an experienced Clearwater misdiagnosis medical malpractice lawyer at Perenich Law Injury Attorneys on your side, you will be able to pursue the compensation you deserve more effectively.
How Negligence Can Lead to Medical Misdiagnoses
The most impactful consequence of a misdiagnosis is the patient not getting the treatment they need. While this sometimes results only in short-term discomfort that is not severe enough to warrant a lawsuit, many misdiagnoses in Florida healthcare facilities result in the condition getting worse over time. In situations where a doctor misdiagnoses a life-threatening condition like cancer or stroke, this failure by the physician could even be fatal.
Additionally, if someone is diagnosed with a condition other than the one they have, they may have unnecessary medication prescribed to them that causes debilitating side effects. In some cases, the treatment could be worse than the disease the patient has—for example, imagine someone going through the physical, financial, and personal strain of chemotherapy without actually having cancer.
Special Rules for Malpractice Lawsuits in Florida
What makes a misdiagnosis qualify as medical malpractice is not the specific effects it has on the patient, but rather—as a qualified attorney could further explain—whether it breached the “standard of care” applicable to the physician who made the incorrect diagnosis. The “standard of care” for healthcare providers in Florida is the level and consistency of care that would have been expected of any equally qualified physician in the same circumstances. Successfully filing suit over a misdiagnosis entails showing that a reasonable physician would have diagnosed the condition correctly.
Florida civil courts will not just take a plaintiff’s word that their doctor acted recklessly or carelessly to an actionable degree. Instead, state law requires prospective malpractice plaintiffs to include an “affidavit of merit” alongside their initial complaint. This affidavit is a written and signed statement from a qualified medical expert agreeing with the plaintiff’s argument that they sustained harm from a breach of the standard of care.
There is also a settlement process that most medical negligence plaintiffs will have to go through before they can formally file suit. The process has strict filing deadlines that plaintiffs must adhere to whether they go through the settlement process or not. Guidance from our knowledgeable misdiagnosis medical malpractice lawyers in Clearwater could be essential to understanding and navigating the settlement process.
Can I Sue a Doctor Who Misdiagnosed Me?
A patient who experiences a worsened illness or injury because their physician misdiagnosed them can sue for financial damages. The lawsuit is more likely to be successful with the assistance of an experienced local attorney.
Our legal team would start by meeting with the patient and their family to hear what they think happened instead of just relying on the doctor’s version of the story. Our lawyers could carefully review the medical records with their medical experts, who know how to interpret complicated medical terms. They could speak with other medical workers who worked on the patient’s case and with medical and office workers familiar with how the doctor conducts their medical practice. For instance, our attorneys could determine if the doctor has a reputation of not spending enough time with their patients.
By reviewing and interpreting the evidence they find in their full investigation, our Clearwater attorneys could pinpoint what led to the misdiagnosis. Diagnostic mistakes frequently occur for the following reasons:
- Misreading a test result
- Not getting a full medical history from a patient
- Rushing through an appointment – Doctors’ offices tend to schedule as many patients as possible in the same time slots to be more profitable. However, when a doctor does not perform a full physical examination or spend enough time with a patient, they might miss signs of a potentially serious medical condition
- Not referring a patient to a trained specialist who could make a more definitive diagnosis – For instance, a primary care doctor might not recognize the signs of a rare stomach ailment, but they should know enough to refer their patient to a gastrointestinal doctor who would be able to make a proper diagnosis
- Failing to follow up with a patient – For example, a doctor might prescribe a patient medication to clear up a bacterial infection. If the doctor follows up with the patient, the physician could learn that the patient’s condition did not respond to the antibiotic and actually worsened because the actual diagnosis was not a bacterial infection
By working closely with medical experts who know how to evaluate doctor’s mistakes, our legal professionals could determine if the medical error is medical malpractice. Our capable attorneys could use their negotiating skills to work toward the best possible settlement. If the doctor’s insurance company refuses to offer a fair amount, our proactive legal team could take their skills to the courtroom to fight for justice. At every stage of the legal process, our dedicated lawyers would make themselves available to answer any questions a patient or their family might have.
Damages Suffered Because of Misdiagnosis
Patients who experience harm from a diagnostic mistake deserve to collect full compensation. Our seasoned legal team could work aggressively to maximize the monetary recovery. They could work closely with medical experts to better understand the impact the missed diagnosis could have on the patient’s future. Our attorneys could help determine the expected cost of future medical care to treat the injury or follow-up procedures to correct the missed diagnosis. They could work with life planners and actuarial experts to calculate the value of the patient’s lost wages and future lost earnings. Our committed Clearwater misdiagnosis lawyers could also fight for fair compensation for the patient’s scarring, mental anguish, decrease in quality of life, and suffering.
Get in Touch With a Clearwater Misdiagnosis Medical Malpractice Attorney
Even if you know that your doctor diagnosed you with the wrong condition or failed to notice anything was wrong to begin with, proving they were negligent to the satisfaction of a civil court is a difficult process. Florida medical malpractice law is not friendly to injured plaintiffs, and those who try to file without seasoned legal counsel on their side very rarely get the outcomes they want.
Representation from a capable Clearwater misdiagnosis medical malpractice lawyer could make all the difference in whether your case resolves in your favor. Call Perenich Law Injury Attorneys today to learn more. We are 3 brothers committed to helping others.
(727) 669-2828
