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:
-
Doctor-patient relationship – The provider owed a duty of care.
-
Negligence – The provider failed to meet the accepted standard of care.
-
Causation – The diagnostic error directly caused harm or worsened the condition.
-
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.