When you visit a doctor or hospital in Florida, you trust medical professionals to diagnose your condition accurately and promptly. Unfortunately, diagnostic errors are one of the most common forms of medical malpractice. A misdiagnosis or delayed diagnosis can result in serious harm, worsening of a condition, or even death. If you or a loved one suffered because of a diagnostic error, Florida law may give you the right to pursue compensation through a medical malpractice claim.


What Is Misdiagnosis and Delayed Diagnosis?

  • Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s medical condition. For example, diagnosing heart attack symptoms as indigestion.

  • Delayed diagnosis happens when a provider eventually identifies the correct condition, but only after harmful delays. For example, failing to diagnose cancer until it has progressed to a late stage.

Both scenarios can prevent timely treatment and cause life-altering consequences.


Common Conditions Involved in Misdiagnosis Claims

Certain medical conditions are frequently at the center of misdiagnosis or delayed diagnosis cases in Florida, including:

  • Cancer (breast, lung, colon, prostate, and others)

  • Heart attacks and strokes

  • Infections, such as sepsis or meningitis

  • Blood clots (pulmonary embolism, DVT)

  • Pediatric conditions, including appendicitis

These errors often occur because symptoms are overlooked, testing is not ordered, or results are misread.


Why Misdiagnosis Happens

Diagnostic errors can result from:

  • Failure to order appropriate tests

  • Misinterpretation of lab or imaging results

  • Inadequate patient evaluation

  • Communication breakdowns among medical staff

  • Rushed or incomplete examinations

Under Florida law, when a provider fails to act as a reasonably careful physician would under similar circumstances, it may constitute medical negligence.


Proving Medical Malpractice in Florida

To bring a successful medical malpractice claim for misdiagnosis or delayed diagnosis, a plaintiff must prove:

  1. Doctor-patient relationship – The provider owed a duty of care.

  2. Negligence – The provider failed to meet the accepted standard of care.

  3. Causation – The diagnostic error directly caused harm or worsened the condition.

  4. Damages – The patient suffered injury, financial loss, or other damages.

Florida law also requires compliance with strict pre-suit investigation requirements, including obtaining an affidavit from a qualified medical expert before filing suit.


Potential Compensation for Victims

Patients injured by misdiagnosis or delayed diagnosis may be entitled to compensation for:

  • Medical expenses (past and future)

  • Lost income and reduced earning capacity

  • Pain and suffering

  • Loss of enjoyment of life

  • Wrongful death damages (if applicable)


Conclusion

Misdiagnosis and delayed diagnosis can have devastating consequences for patients and their families. Florida medical malpractice law provides a path to accountability and compensation when healthcare providers fail to meet the accepted standard of care. If you believe you or a loved one suffered harm due to a diagnostic error, consulting an experienced Florida medical malpractice attorney is a critical first step.

Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.

J.P. Gonzalez-Sirgo
J.P. Gonzalez-Sirgo, P.A.
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