When Does a Diagnostic Error Constitute Medical Malpractice in Florida?

Diagnostic errors are alarmingly common—and they can be extremely dangerous. According to Johns Hopkins Medicine, “[w]hile estimates vary, likely more than 100,000 Americans die or are permanently disabled each year due to medical diagnoses that initially miss conditions or are wrong or delayed.” When diagnostic errors have serious or fatal consequences, hiring an experienced Florida medical malpractice attorney can be a critical step in the recovery process.

But, this raises an important question: When does a diagnostic error constitute medical malpractice?

Diagnostic Errors that Can Constitute Medical Malpractice

Not all medical mistakes constitute medical malpractice under Florida law. While doctors need to meet certain standards when ordering tests and reviewing scans, they do not necessarily need to be right 100 percent of the time.

With that said, diagnostic errors will constitute medical malpractice in many cases. Generally speaking, if a doctor has the information needed to provide a timely and accurate diagnosis—or if a doctor has the opportunity to gather the information needed to provide a timely and accurate diagnosis—a medical malpractice claim will be justified.

Medical malpractice claims involving diagnostic errors generally fall into one of three categories:

Failure to Diagnose

In many cases, patients and families will have claims based on a doctor’s failure to diagnose. If you see a doctor, get sent home without a diagnosis and then subsequently receive a diagnosis from another doctor, you may have a claim for medical malpractice under Florida law. Likewise, if your loved one sought a diagnosis but never received one, your family may have a medical malpractice claim in this scenario as well.

A key aspect of a failure-to-diagnose claim is that your (or your loved one’s) doctor must have failed to provide a diagnosis despite having an opportunity to do so. If you never sought a diagnosis, or if you sought a diagnosis for a different condition and did not discuss the symptoms of your undiagnosed condition with your doctor, then you may not have a claim. On the other hand, if you specifically sought treatment for your undiagnosed condition and your doctor either ignored your concerns or overlooked information that supported the diagnosis you ultimately received from another doctor, this is a circumstance in which a medical malpractice claim may be warranted.

Likewise, if you lost a loved one to cancer, heart disease or another serious health condition that went undiagnosed prior to his or her death, filing a medical malpractice claim will require proof that your loved one sought a diagnosis and never received one. When you hire a Florida medical malpractice lawyer to represent your family, your family’s lawyer will be able to review your loved one’s medical records and determine whether a claim is warranted.

Delayed Diagnosis

Delayed diagnosis claims are similar to failure-to-diagnose claims but involve an eventual diagnosis by the doctor who was responsible for the original diagnostic oversight. Even if a doctor eventually gets a patient’s diagnosis right, the consequences of the delay can still justify a medical malpractice claim under Florida law.

In many cases, delays in diagnosing a patient’s condition can have life-altering (if not life-threatening) consequences. This is particularly true with cancers and other serious diseases. If you have suffered unnecessarily, if your life expectancy has been shortened or if your medical needs are greater than they should have been, these are all strong reasons to speak with a Florida medical malpractice lawyer about your legal rights.

Misdiagnosis

Along with diagnostic failures and delays, misdiagnoses can also justify medical malpractice claims in Florida. If you (or your loved one) did not receive necessary treatment because of a misdiagnosis, you should speak with a Florida medical malpractice lawyer about your legal rights in this scenario as well. If you have a medical malpractice claim, an experienced lawyer will be able to help you seek compensation for your (or your loved one’s) medical bills, pain, suffering and other losses.

Another important aspect of misdiagnosis cases is that they often result in unnecessary treatment for the condition that was improperly diagnosed. Not only can this unnecessary treatment be expensive, but it can potentially be dangerous as well. If your claim involves unnecessary treatment, your lawyer will take this into account when determining what constitutes just compensation for your (or your family’s) losses.

Proving That a Diagnostic Error Reflects a Failure to Meet the Doctor’s Duty of Care

As we said above, diagnostic errors won’t necessarily constitute medical malpractice. So, when is a medical malpractice claim warranted?

Filing a medical malpractice claim requires proof that your (or your loved one’s) doctor failed to meet his or her duty of care. All doctors are held to certain standards under Florida law. When doctors fail to meet these standards, this is when they can be held accountable for the consequences of their diagnostic mistakes.

Generally speaking, proving that a doctor failed to meet his or her duty of care involves proving that other doctors would not have made the same mistake under similar circumstances. This means that your lawyer will need to hire a medical expert who can analyze the circumstances surrounding your (or your loved one’s) diagnosis, or lack thereof. If this medical expert determines that it was possible to provide a timely and accurate diagnosis based on the information that was available, this will go a long way toward establishing a valid claim for just compensation.

Medical malpractice cases involving diagnostic errors are complicated, and every case is unique. Ultimately, if you have any questions about your legal rights, you should talk to a lawyer who can help you make informed decisions about your next steps

Request a Free Consultation with a Florida Medical Malpractice Lawyer at Searcy Denney

If you have questions about filing a claim related to a diagnostic error, an experienced Florida medical malpractice attorney at our firm can explain everything you need to know. To schedule a free, no-obligation consultation at Searcy Denney, please call 800-780-8607 or tell us how we can reach you online today.