Miami Personal Injury Lawyer Blog
There are many ways a Florida health care provider can commit a medical error, and one of the most devastating for the patient is mistakes with proper diagnosis. Diagnostic errors can lead to medical malpractice claims in Florida when a doctor’s failure to diagnose, delayed diagnosis, or incorrect diagnosis causes preventable harm. Victims may be entitled to compensation under Florida medical malpractice laws.
Because of the complications with these claims, it’s critical to get legal help from a Miami diagnostic errors attorney. Plus, you can review some background on how mistakes with diagnosis can lead to medical malpractice claims in Florida.
How Do Diagnostic Errors Constitute Medical Malpractice in Miami?
Diagnostic errors occur when a healthcare provider fails to correctly identify a medical condition. In Miami, these mistakes can form the basis for a medical malpractice claim if the error results from a deviation from accepted medical standards.
To qualify as malpractice in Florida, the misdiagnosis must lead to harm that a reasonably competent doctor could have prevented. Common causes include failure to order proper tests, misreading results, or not referring to a specialist.
Common Injuries Caused by Misdiagnosis in Florida Patients
Patients in Florida may suffer serious harm when a diagnosis is missed or delayed. In Miami, common injuries tied to misdiagnosis include:
- Advanced-stage cancer
- Stroke complications
- Heart attacks that go untreated.
Some patients experience long-term disability or even wrongful death because the proper diagnosis came too late. Other injuries may include unnecessary surgeries, exposure to harmful treatments, or worsening of chronic conditions. These outcomes may qualify victims to pursue medical malpractice claims under Florida statutes.
How to Prove a Diagnostic Error in a Medical Malpractice Case in Miami
To succeed in a malpractice claim, a patient must have evidence that:
- The doctor owed a duty of care.
- They violated that duty by misdiagnosing.
- The mistake directly caused harm.
- The patient suffered losses because of the harm.
Evidence may include expert witness testimony, medical records, and treatment timelines. Florida law also requires an affidavit from a medical expert to support the claim.
Time Limits for Filing a Medical Malpractice Claim for Misdiagnosis in Florida
Florida has a strict time limit for filing medical malpractice claims, including those involving misdiagnosis. Victims in Miami generally have two years from the date they discovered—or should have discovered—the error. However, the claim must be filed within four years of the actual malpractice event, regardless of discovery. Some exceptions apply, but missing these deadlines can result in the case being dismissed.
Speak to Our Miami Diagnostic Errors Lawyers Today
If you suffered injuries because of a misdiagnosis from a Florida health care provider, it’s critical to get legal help right away. Medical malpractice cases are often complex and require experienced legal guidance to build a strong case. Gerson & Schwartz, PA, attorneys have decades of experience handling serious injury claims, so we can help you understand your legal rights. Please call (305) 371-6000 or go online to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
