Fort Lauderdale Misdiagnosis Lawyer

When you see your physician about health concerns, you expect to receive treatment that meets or exceeds the standard of care in your area. Unfortunately, patients sometimes receive a misdiagnosis or a delayed diagnosis that can compromise their health and well-being. If this delayed diagnosis or misdiagnosis is the result of negligence, you may have a legal cause of action against your healthcare provider for medical malpractice.

What can happen if you or a loved one are misdiagnosed or suffer a delayed diagnosis? We’ve all heard stories about patients whose right leg was amputated instead of his left, or a patient who was told she was cancer-free and didn’t need chemotherapy when that wasn’t the case, or a patient who was told her aches and pains were all in her head, only to discover she had a life-threatening illness.

Misdiagnosis and delayed diagnosis may not be the result of negligence, but often they are. Medical negligence is grounds for filing a medical malpractice lawsuit. If you or your loved one suffered harm because of a misdiagnosis or delayed diagnosis, our medical malpractice attorneys are here to help you.

Misdiagnosing a patient can be a serious failure on the part of a physician or medical professional. If the misdiagnosis results in a delay or lack of treatment of the patient, it can result in a worsening of symptoms, serious injury, and perhaps even death. Contact a Fort Lauderdale misdiagnosis lawyer at Haliczer Pettis & Schwamm, P.A. to learn more about your potential case.

Types of Misdiagnosis

There are many categories of misdiagnosis. One is where the healthcare professional, in most cases a physician, gives a totally wrong diagnosis. The AARP recently reported that, according to the Journal of the American Medical Association, frequently misdiagnosed conditions are colorectal cancer, lung cancer, and breast cancer.

Another category of misdiagnosis is delayed diagnosis. That is typically when a patient has been offered several diagnoses, none of which has turned out to be correct. When a correct diagnosis is finally made after a significant amount of time has passed, the risk and potential harm are that the condition has worsened, such as in the case of a cancer metastasizing, thus making it harder to treat or losing the opportunity to treat the condition completely.

A third category of misdiagnosis occurs when a patient has been incorrectly told that he or she has a certain disease or illness when, in fact, they do not. This can lead to unnecessary treatment, that may itself have a negative impact on the patient’s health.

Frequently Misdiagnosed Conditions

It’s scary but true–doctors make the most medical errors when diagnosing the most serious medical conditions. The so-called big three represent nearly 75% of all misdiagnosis claims:

• Vascular events constitute a large volume of medical errors in terms of diagnosis mistakes. Heart attack, stroke, and aneurysm are examples. These are conditions that require immediate treatment, making a prompt, accurate diagnosis essential.
• Infections. Diagnostic errors of sepsis are the most common, and the outcomes are poor for the patient. With sepsis, a patient can suffer an organ shutdown, post-sepsis syndrome and even death.
• Cancer represents a large volume of diagnosis mistakes. Lung cancer often is not diagnosed on a timely basis, with only about 16% of lung cancer cases diagnosed at an early stage.

In Florida, medical malpractice laws cover a wide range of errors made by healthcare providers. Diagnostic errors are included, but the statute uses general language to describe medical negligence. If a physician deviates from the standard of care that applies to the situation, they may be held liable. Therefore, the specifics of this standard are important.

• For a medical malpractice lawsuit related to a misdiagnosis claim, you must prove what the standard of care is. In order to determine if your doctor was negligent, he or she will be measured against other physicians with the same training, skill, and level of care who are faced with the same facts as your case.
• Once you establish the standard of care, you need to prove how your doctor deviated from it. Examples are not ordering the proper tests, failing to conduct a thorough exam, misinterpreting test results, or other medical errors.

What Causes Misdiagnosis?

There are a broad range of reasons for diagnostic errors. These include miscommunication between patient and doctor, the patient’s failure to describe symptoms properly, the misreading of a diagnostic test, or the failure of the doctor to order tests that are clearly indicated. Sometimes, incorrect medical records can result in a misdiagnosis or delayed diagnosis. Sometimes, doctors misread medical records. And there are thousands of diseases and a more limited number of symptoms, sometimes making it difficult for physicians to put the two together for a proper diagnosis. Medical errors are the most common reason for misdiagnosis or delayed diagnosis.

When is the Physician Responsible for a Misdiagnosis?

Not every misdiagnosis is detrimental to a patient’s health. In order for a medical malpractice claim to be valid, you must be able to show:

• You had a doctor-patient relationship such that the doctor owed you a duty of care;
• The doctor did not meet the standard of care; and
• You suffered injuries for which you are entitled to compensation.

If you are able to prove these elements, you may be entitled to damages. 

How to Reduce the Likelihood of a Misdiagnosis

There are several things that you can do to reduce the likelihood of a medical diagnosis:

• Prepare for your appointment. Think carefully about your symptoms, when they started, and any patterns you are able to identify. If you haven’t done so, try to prepare a personal and family health history that may help your physician.
• Ask questions. If something the doctor is saying doesn’t seem on point with your thoughts or symptoms, be sure to inquire more deeply.
• Take notes or have a family member or friend with you to record important points of the conversation. Often people leave a doctor’s appointment unclear about what they have heard.
• Keep track of your progress. If your symptoms are not getting better, let the doctor know. Perhaps it’s because the diagnosis is wrong rather than the fact that the proposed therapy and/or medication are not working properly.

Statute of Limitations for Misdiagnosis

In Florida, the statute of limitations for misdiagnosis is two years. This may be extended to four years in cases where the injury wasn’t immediately discoverable. The only exceptions after four years are for cases involving fraud or concealment. There is no specific statute for misdiagnosis. All legal claims involving medical malpractice have this same statute of limitations.

If you prevail in a medical malpractice lawsuit you might be entitled to recover two types of damages. You may recover your medical expenses, lost wages and other out-of-pocket expenses, known as economic damages. You may also recover damages for pain and suffering, inconvenience, and/or the loss of enjoyment of life, which are considered to be non-economic damages. All of these damages must have been caused by medical negligence in order to recover for them.

Contact a Fort Lauderdale Misdiagnosis Lawyer at Haliczer Pettis & Schwamm, P.A. Today

We have years of experience working with clients who have been harmed by a medical misdiagnosis. Bringing a medical malpractice lawsuit requires knowledge, experience and empathy for the patient. Our medical malpractice lawyers exhibit all of these traits and will make you feel at ease as we navigate your medical malpractice lawsuit together. Contact a Fort Lauderdale misdiagnosis lawyer at Haliczer Pettis & Schwamm, P.A. today so we can help you evaluate your claim.