Misdiagnosis

Representation for South Florida Residents Harmed by Medical Malpractice

When people visit a doctor or hospital with symptoms of an injury or illness, they expect that they will receive a prompt and accurate diagnosis. Unfortunately, in many instances, a doctor will misdiagnose a patient, and the injury or illness will go untreated, causing the patient harm. If you sustained harm because of a misdiagnosis, you should contact a seasoned Fort Lauderdale misdiagnosis lawyer regarding your legal rights and the remedies that you may be able to obtain from your care provider. Attorney Joseph I. Lipsky is dedicated to helping people injured by a misdiagnosis seek the full extent of the damages that they may be owed.

Causes of Misdiagnoses

A misdiagnosis happens when a doctor incorrectly diagnoses a patient or fails to diagnose the patient in an appropriate timeframe. There are numerous lapses that may cause a doctor to misdiagnose a patient. Misdiagnoses commonly occur when a doctor fails to properly assess or evaluate a patient’s symptoms or obtain an accurate medical history. A doctor also may fail to order appropriate diagnostic tests or may misinterpret test results, which can result in a misdiagnosis as well. A misdiagnosis can be especially harmful in cases in which the patient is suffering from a serious illness, such as cancer or heart disease, or an acute condition, such as a blood clot or brain damage. Misdiagnoses frequently cause untimely deaths.

Damages Caused by a Misdiagnosis

A misdiagnosis can detrimentally affect a person’s health and finances and cause grave emotional harm. If you were harmed by a misdiagnosis, you should retain a misdiagnosis attorney in the Fort Lauderdale area to help you pursue the cost of any reasonable and necessary medical expenses, as well as compensation for any medical treatment that you are likely to need in the future. If you were unable to work because of the harm caused by your misdiagnosis, you may be awarded damages for your loss of income as well. Additionally, you may be entitled to recover non-economic damages, such as compensation for the pain and suffering that you endured due to your misdiagnosis.

Proving Liability Following a Misdiagnosis

Under Florida law, if you seek damages from a health care provider because of a misdiagnosis, you typically must show that the provider was negligent. To prove that a health care provider was negligent, you must first establish that the provider owed you a duty of care, which typically arises out of a doctor-patient relationship. The standard of care imposed on a doctor is the care that a reasonable doctor with the same knowledge and skill would use under similar circumstances.

Your Fort Lauderdale misdiagnosis attorney must then show that the misdiagnosis constituted a breach of the standard of care and that you were harmed by the breach. In other words, a misdiagnosis on its own is not enough to impose liability. Instead, you must prove that you suffered actual damages because of the misdiagnosis. In most cases, you will need a medical expert to testify regarding the standard of care imposed on the care provider, as well as how the misdiagnosis caused your harm. Proving that a doctor should be held liable for a misdiagnosis can be complex and arduous, so it should be entrusted to a resourceful attorney who has handled many of these cases.

Discuss Your Next Steps With a Trusted Personal Injury Attorney

People who seek medical care anticipate that they will receive proper diagnoses from doctors, but misdiagnoses are among the most common types of medical errors. If you sustained injuries because of a misdiagnosis, you should find out about your rights and the recourse that may be available. Attorney Joseph I. Lipsky is proficient at navigating the complexities of medical malpractice cases in the Florida courts. He assists patients in the pursuit of damages for harm caused by a misdiagnosis in Broward, Miami-Dade, Orange, Palm Beach, and Monroe Counties, including in Fort Lauderdale, West Palm Beach, Miami, Orlando, and Key West. Our firm has offices in Miami, Plantation, Delray Beach, and West Palm Beach, and we can be contacted via our online form or at 1-888-352-5298 to set up a meeting to discuss your case with a misdiagnosis lawyer in Fort Lauderdale.