Health care providers are among the most respected professionals in Florida, especially being in close proximity to top-notch facilities like Cleveland Clinic Florida (Weston), University of Miami Hospital, and Mount Sinai Medical Center. However, when physicians make mistakes in diagnosing medical conditions, the outcomes can be harmful or deadly for the patient.
Florida law provides legal remedies through medical malpractice laws, but there are important deadlines patients need to know. A Miami diagnostic errors lawyer can explain details on how the statute of limitations and discovery rule apply to your claim, and an overview is useful.
What Qualifies as Medical Misdiagnosis in Florida?
Diagnosis errors occur when a healthcare provider fails to correctly identify a patient’s condition, leading to delayed treatment, improper care, or unnecessary procedures. Mistakes may include:
- Diagnosing the wrong illness
- Missing a serious condition entirely
- Failing to recognize complications shown in lab results or imaging
In Miami, misdiagnosis claims often involve emergency rooms, urgent care facilities, and specialists where time-sensitive decisions significantly affect patient outcomes. Cancer is another area where diagnostic errors are common, particularly false negatives, where the disease becomes terminal without treatment.
Time Limits for Filing a Misdiagnosis Lawsuit Under Florida Law
The Florida statute of limitations requires medical malpractice cases to be filed within two years from the date the injury was discovered or should have been discovered. However, exceptions may apply. Examples are where a health care provider engaged in fraud or where the patient was a minor affected by birth injuries. Still, missing these deadlines can permanently bar recovery in most cases, even when medical negligence is clear.
How the Discovery Rule Applies to Miami Misdiagnosis Case
Another key exception to the strict two-year statute of limitations is Florida’s discovery rule. This law is critical in misdiagnosis cases because injuries are not always immediately apparent. Under this rule, the statute of limitations may begin when the patient knew, or reasonably should have known, that the injury resulted from medical negligence. Note that no lawsuit can be filed more than four years from the date of the incident.
When to Contact a Miami Medical Malpractice Lawyer
Contacting a Miami medical malpractice lawyer is often necessary when a diagnosis leads to unexpected complications, worsening health, or prolonged suffering. Legal counsel can review medical records, consult qualified experts, and determine whether the discovery rule extends your filing deadline. Because misdiagnosis claims against Miami hospitals involve complex medical and legal standards, early evaluation helps protect your rights while evidence is still available.
Set Up a Free Consultation with a Miami Diagnostic Errors Attorney
It is helpful to know the basics about the discovery rule in Florida medical malpractice cases, but trust our team at Gerson & Schwartz, PA, to assist your claim. Though the deadline may seem far off, building a strong medical malpractice case takes time, careful review of medical records, and consultation with qualified experts. For information about your options, go online or call (305) 371-6000 to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.