Failure To Diagnose Lawyer

Name: Failure to Diagnose
Brand: The Alvarez Law Firm
Rating: 4.4 (10 reviews)

A failure to diagnose medical malpractice lawsuit in Florida is usually filed when a patient suffers a medical injury or complications because their doctor did not observe a reasonable standard of medical care to diagnose their medical condition.

Recourse for Diagnostic Errors

Medicine is not a perfect science, and doctors can sometimes make mistakes. Based on this, if a doctor made an avoidable diagnostic error because of 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 Miami medical malpractice law firm that believes in putting the best interests of its clients before every other consideration. You don’t need to stand alone while suffering through the consequences of a failed medical diagnosis. The top-rated litigators at The Alvarez Law Firm will relentlessly pursue the rightful financial compensation for your injuries and damages.

What Does Failure to Diagnose Mean Under Florida Law?

According to the law in Florida, 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 is 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 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

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

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.

Liability in a Failure to Diagnose Lawsuit in Florida

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

Call the Winning Miami Medical Malpractice Attorney at The Alvarez Law Firm Now!

If you or someone you love has suffered the devastating consequences of delayed diagnosis, misdiagnosis, or failure to diagnose, the capable Miami medical malpractice attorneys 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.