Fort Lauderdale Medical Malpractice Lawyer
Medical misdiagnosis generally refers to a medical professional’s failure or delay in properly diagnosing a patient. A patient may be eligible for compensation if the misdiagnosis has resulted in injury or a further, unnecessary progression of the disease.
Misdiagnosis claims are governed by negligence and medical malpractice laws. In order to prove liability, it must be proven that the medical professional owed a duty of care to the patient, that he or she breached that duty and that the breach was the actual cause of the injuries.
It is important to note that failure to diagnose or misdiagnosis are not evidence of negligence on their own. Even doctors exercising reasonable care can make diagnostic errors. You will need to prove whether or not your doctor acted competently, which will involve investigating what your doctor did or did not do to arrive at your diagnosis. This may include hiring an expert medical witness in order to prove that your doctor did not take the same steps that a reasonable practitioner would have.
How Can I Prove That I Was Misdiagnosed?
Basically, in order to prevail in your misdiagnosis claim, you will need to show that a doctor-patient relationship existed between you and your practitioner, the your doctor did not provide treatment in a reasonably skillful and competent manner and that your doctor’s negligence caused you injury.
Typically, an incorrect diagnosis is due to one of the following:
- Misdiagnosis – When a doctor diagnoses the wrong illness.
- Failure to diagnose – When a doctor does not diagnose an illness or disease when one exists.
- Delayed diagnosis – A doctor eventually makes the correct diagnosis, but only after significant delay. Late diagnosis is one of the more common types of diagnosis error.
- Failure to recognize complications – A doctor makes the right diagnosis, but does not identify complications or factors which could change or aggravate the condition.
- Failure to diagnose a related disease – A doctor correctly diagnoses one condition, but fails to diagnose a related condition.
- Failure to diagnose an unrelated disease – The doctor correctly diagnoses one condition, but fails to diagnose a completely unrelated second condition.
It is also possible that a doctor can misdiagnose a patient due to faulty diagnostic equipment or other human error, such as a lab tech mixing up samples or any other specialist or technician missing something on an x-ray or pathology slide. If this is the case, there may be several parties that are liable for your injury. It is also possible to be misdiagnosed in an emergency room due to the volume of patients requiring care.
What Damages Could I Receive After a Misdiagnosis?
After a misdiagnosis, you may be eligible for monetary damages. You could be entitled to reimbursement for medical expenses, treatment, and medications associated with your misdiagnosis. Additionally, you may also be entitled to receive lost wages and other damages that might be related to the misdiagnosis.
Ft. Lauderdale Misdiagnosis Lawyers
The most difficult part of obtaining compensation for your injuries is proving that the physician’s misdiagnosis was the actual cause. In this case, you need an experienced medical malpractice attorney working for you. A medical misdiagnosis can lead to serious injury or wrongful death. The medical malpractice attorneys from Wolf & Pravato will investigate your claim, hire expert witnesses if necessary and do what it takes to prove your case. If you have suffered an injury or misdiagnosis in Fort Myers – contact the Fort Myers Medical Malpractice Lawyers at 1-954-633-8270.