How to Know If You Have a Medical Malpractice Claim for Misdiagnosis

Medical misdiagnoses are major problems, especially when they lead to a patient suffering an injury or the worsening of an established medical problem. When a doctor or other medical professional fails to provide reasonable care in misdiagnosing a condition, a potential medical malpractice claim should be considered.

In Florida medical malpractice claims, the failure to diagnose and/or a misdiagnosis frequently form the basis for claims and possible lawsuits. Contact an experienced Fort Lauderdale medical malpractice attorney to discuss your legal options.

How is fault determined in a misdiagnosis medical malpractice case in Florida?

An incorrect diagnosis, failure to diagnose, or the failure to rule out another possible cause of your illness or injury all fall under the category of a misdiagnosis. These types of misdiagnosis can have catastrophic results. Delayed medical care, incorrect treatment, or failure to prescribe appropriate treatment are all possible outcomes. In serious conditions involving cancer, heart disease, or a stroke, these misdiagnoses can be the difference between life and death.

Bear in mind that not every misdiagnosis is automatically an example of medical malpractice. Certain conditions are difficult to diagnose. In those circumstances, a misdiagnosis may not constitute medical malpractice. It is the failure to provide care at a reasonable, standard level that constitutes medical malpractice. Identifying when a misdiagnosis of this type occurs is how you know if you have a potential medical malpractice claim on your hands.

When does a misdiagnosis become a malpractice claim?

It is difficult to answer when a misdiagnosis rises to the level of a medical malpractice claim. There are situations where circumstances are beyond the control of a medical provider, and a condition is misdiagnosed. However, the law in Florida establishes a specific standard by which the law views medical professionals making decisions and performing their professional duties.

In brief, when a medical provider fails to act as a reasonably well-trained member of their profession would have performed, then there is the potential for a medical malpractice claim. In most cases, expert witnesses are retained by both sides to a medical malpractice claim and submit testimony and opinions regarding whether the misdiagnosis rises to the level of medical malpractice.

There are four parts to a medical malpractice claim that must be satisfied:

• Did a doctor-patient relationship exist between the physician and the patient?
• Was the duty of care breached by the physician in failing to provide a reasonably acceptable standard of care?
• Did the breach (misdiagnosis)cause the patient to suffer harm- the worsening of a condition or the creation of injury or illness?
• Does the harm suffered constitute damages in the sense of a physical injury, mental trauma, or financial loss?

Contact Liberman, Cabrera, Thompson & Reitman for a confidential consultation

When you have suffered harm due to a misdiagnosis, there is no time to waste. Contact a Fort Lauderdale medical malpractice attorney with Liberman, Cabrera, Thompson & Reitman for a confidential consultation. We will provide you with information based on your specific circumstances, which can help you make good decisions regarding the possibility of a medical malpractice claim.