A misdiagnosis can have catastrophic consequences, leading to worsened health conditions, additional medical treatments, and even wrongful death. A diagnostic error can happen in two different ways, according to the National Library of Medicine (NLM). The first is through the failure to establish an accurate and timely explanation of the patient’s medical condition. A secondary form of misdiagnosis is the failure to communicate medical explanations to the patient.
If you suffered harm because of a diagnosis error by a Florida healthcare provider, you should realize that you have legal rights. The process is complicated because of the subject matter and state medical malpractice laws. A Miami diagnostic errors attorney can explain details, but keep in mind these essential legal points.
Legal Framework for Diagnostic Error
A mistake in diagnosing a medical condition is a type of medical malpractice case. To establish a med mal claim based on a diagnosis error in Florida, you must generally prove the following facts:
- A doctor-patient relationship existed.
- The doctor breached the standard of care by failing to diagnose your condition accurately.
- The doctor’s departure from the standard of care directly caused your injuries or worsened your condition.
- You suffered damages as a result of the misdiagnosis.
Proving medical malpractice can be complex because it first requires you to establish the standard of care. Then, you must supply sufficient evidence to demonstrate the doctor’s deviation from it. In most cases, your diagnostic errors attorney will require support from a medical expert for these issues and other insights.
Statute of Limitations for Diagnosis Error Claims
Florida has specific time limits for filing medical malpractice lawsuits, and the statute of limitations is two years. You must file a lawsuit in court before it expires since missing the deadline can permanently bar your ability to seek compensation.
This deadline may be extended depending on the circumstances of the case, which is especially crucial in misdiagnosis cases. Under Florida’s discovery rule, you may be allowed additional time to file a lawsuit if you didn’t know about the diagnosis error.
Common Defenses for Diagnosis Errors
When faced with a claim and the possibility they might have to pay compensation, medical providers and insurance companies often employ various defenses. Some common issues include:
- Presenting evidence that the doctor met the standard of care
- Claiming that the patient’s injuries were caused by factors other than the misdiagnosis
- Showing that the patient contributed to their injuries through their own actions
To overcome these defenses, you need a skilled attorney who can gather evidence, build a strong case, and effectively counter the defendant’s arguments.
Consult with a Miami Diagnostic Errors Lawyer for Free
You can see that there are significant challenges with misdiagnosis cases, so legal counsel is a top priority. Gerson & Schwartz, PA, can advise you, as our experienced misdiagnosis attorneys are prepared to handle the complexities. Please contact us today to set up a no-cost case review at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. You can reach us by calling (305) 371-6000 or checking out our website.