305.444.7675
Do I have a case? Español Careers Attorney Referrals
305.444.7675 Schedule a Consultation

Misdiagnosis Overview

Recourse for Diagnostic Errors

Medicine is not an exact science, and doctors can sometimes make errors. Based on this, if a doctor makes an avoidable diagnostic error due to negligence or carelessness, patients and their families have the legal recourse under Florida law to seek compensation. The Alvarez Law Firm is a capable and compassionate medical malpractice law firm that prioritizes its clients' best interests above all else. You don’t need to stand alone while suffering through the consequences of a failed medical diagnosis. Our top-rated misdiagnosis lawyers in Miami will relentlessly pursue the rightful financial compensation for your injuries and damages. 

What Does Failure to Diagnose Mean Under Florida Law?

According to Florida law, medical negligence in the form of a doctor failing to detect a medical condition (when another similarly qualified doctor in similar circumstances could have identified the condition) is known as failure to diagnose. And this type of Miami medical malpractice has been on the rise in recent years.

Not being able to diagnose a potentially fatal condition or a serious disease can result in long-lasting consequences for the patient and even death. In relation to this, not every failure to diagnose can be used as grounds for a lawsuit. These are a few situations in which you may have a successful claim in Florida for failure to diagnose:

  • Not referring you to a specialist
  • Misinterpreting the lab test results
  • Not investigating the causes of reported symptoms
  • Not consulting with you regarding your symptoms
  • Not scheduling proper follow-ups
  • Not screening for possible medical conditions
Frustrated woman resting her head on her hand

What Are Common Conditions That Go Undiagnosed or Misdiagnosed in Florida?

Certain conditions are misdiagnosed more often as compared to others. These are a few conditions that are at a higher likelihood of warranting legal action:

  • Breast cancer
  • Asthma
  • Colon cancer
  • Melanoma
  • Lung cancer
  • Meningitis
  • Heart attack
  • Lymph node inflammation
  • Fetal distress
  • Fractures
  • Stroke
  • Staph infection

Real Client Testimonial

What a great experience! Helping to resolve a deliquiate, complex and difficult matter, Herb Borroto was driven, focused, insightful, and strategic. His mastery of positioning a case is unequaled. I couldn't have hoped for a better outcome.

D.P.

Schedule A Free Consultation

Schedule a Consultation
Contact us media

Your Legal Rights in Case of Failed Diagnosis Malpractice

Florida law provides you the legal right to file a medical malpractice claim against the healthcare professional that failed to properly diagnose a condition. The same rules and standards apply to these lawsuits as to all Florida medical malpractice claims. These are a few steps involved in bringing a claim:

Liability investigation

The claim begins by investigating how the incorrect diagnosis or misdiagnosis occurred. You can request medical records to help your investigation under Florida law 766.204. 

Notice of claim

You are required to provide the responsible medical care provider with a pre-lawsuit notice under Florida law 766.106 

Medical provider’s investigation

The other side will carry out an investigation in good faith once you provide them with the notice of a medical malpractice claim. The medical care provider and their insurance company have 90 days to determine whether they agree with you or not. 

Respond to offer

The insurance company can choose to accept, reject, or partially accept the proposed settlement offer. You can always reject the offer made by the medical care provider’s insurance company and bring a traditional lawsuit for damages. 

Legal claim

You can file a legal claim only once you have completed these preliminary steps. You will need to establish a doctor-patient relationship in the claim and explain how the doctor’s errors led to a failure to diagnose the medical condition. You will need to explain how the medical provider’s actions fell below acceptable standards for medical care. 

Background media

Who Can Be Held Liable in a Failure to Diagnose/Misdiagnosis Lawsuit in Miami?

A medical provider can be held responsible for failing to diagnose an injury or illness through a Florida medical malpractice claim. You may be able to hold other parties liable for your condition too through vicarious liability. For instance, the hospital that has a legal relationship with the responsible medical provider may be named as a defendant in the malpractice lawsuit. A medical provider’s misdiagnosis, failure to diagnose, or delay in diagnosis can result in devastating consequences for the patient. 

If your medical condition was made worse by the negligent diagnostic error of a doctor, you have the right to seek compensation. Suing the medical provider for failure to diagnose may be the only way to recover the following losses:

  • Past and future medical expenses
  • Lost income
  • Pain and suffering

What Damages Can Be Recovered for My Misdiagnosis Case?

If you’ve been harmed due to a misdiagnosis, you may be entitled to recover damages to help cover the physical, emotional, and financial impact of the error. Depending on the circumstances, recoverable damages can include:

  • Medical Expenses: Costs for treatment, hospital stays, medications, surgeries, and ongoing care resulting from the misdiagnosis.
  • Lost Wages: Compensation for time missed from work due to additional treatment or recovery.
  • Loss of Earning Capacity: If the misdiagnosis impacts your ability to work long-term.
  • Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
  • Disability or Impairment: Damages if the misdiagnosis causes permanent injury or long-term disability.
  • Wrongful Death: In cases where a misdiagnosis leads to death, surviving family members may recover damages.

The Alvarez Law Firm works closely with clients to evaluate their case, calculate damages accurately, and pursue the full compensation they deserve.

Banner media
Front desk at The Alvarez Law Firm

Why Choose The Alvarez Law Firm to Handle Your Misdiagnosis Case in Miami?

If you or someone you love has suffered the devastating consequences of delayed diagnosis, misdiagnosis, or failure to diagnose, the capable misdiagnosis attorneys in Miami at The Alvarez Law Firm can help you hold the negligent parties responsible. Our attorneys have a wealth of experience in handling such legal claims and are relentless in their pursuit of adequate compensation on behalf of injured victims. 

We can help you investigate the reasons that led the doctor to improperly diagnose or not diagnose your condition. We have the legal experience and knowledge to assign an accurate estimated dollar value to your losses and damages. Our team of attorneys will examine all medical records and evidence to prepare a strong claim and strongly negotiate with the medical provider’s insurance company for maximum settlement. To request your free, no-obligation consultation, call us at 305-444-7675 or complete this online form.

American Association for Justice logo
American Board of Trial Advocates logo
Martindale Hubbel Preeminent Award logo
Florida Justice Association logo
Super Lawyers logo
The National Trial Lawyers logo
National Trial Lawyers Top 100 logo
Top 50 Verdicts - Personal Injury 2024

Misdiagnosis FAQs

What are the challenges in proving misdiagnoses?

What types of evidence are most important in misdiagnosis cases?

Can I still sue if my condition has improved?

If multiple doctors were involved, can I sue all of them?

How long do I have to file a misdiagnosis claim in Florida?

Can misdiagnosis affect treatment outcomes?

What are the challenges in proving misdiagnoses?

Proving a misdiagnosis can be challenging because it requires showing that a medical professional failed to meet the standard of care and that this caused you harm. Our team at The Alvarez Law Firm can help gather the necessary medical records and expert testimony to build a strong case on your behalf.

What types of evidence are most important in misdiagnosis cases?

The most important evidence includes your medical records, diagnostic test results, treatment notes, expert medical opinions, and documentation of how the misdiagnosis affected your life. We carefully review every detail to ensure nothing is overlooked.

Can I still sue if my condition has improved?

Yes. Even if your condition has improved, you may still pursue a claim if you experienced harm, incurred medical expenses, or endured pain and suffering due to the misdiagnosis.

If multiple doctors were involved, can I sue all of them?

Potentially, yes. Any medical professional whose negligence contributed to the misdiagnosis or worsened the outcome can be named in a claim, but liability must be established for each party.

How long do I have to file a misdiagnosis claim in Florida?

In Florida, medical malpractice claims generally must be filed within two years from the date the injury was discovered or reasonably should have been discovered. There are exceptions, so consulting an attorney promptly is important.

Can misdiagnosis affect treatment outcomes?

Absolutely. A delayed or incorrect diagnosis can worsen a condition, limit treatment options, and even cause permanent injury or complications that could have been prevented with timely, correct care.

Let’s talk about your case.

Schedule a Consultation
Contact us media