When it comes to medical advice or care, we usually trust the professionals. But what happens when the professionals get it wrong? Unfortunately, doctors and other medical professionals are capable of making dangerous mistakes such as misdiagnoses.
If you or your loved one has been negatively impacted by such malpractice, you may find yourself asking if you can sue a doctor for misdiagnosis. The answer is a bit complicated as not every medical error leads to a valid claim. Let’s break this down.
What is medical malpractice?
According to Florida law, injury or death resulting from medical negligence is considered to be medical malpractice. That means you can sue a doctor for misdiagnosis if the error was due to the doctor’s negligence.
Misdiagnosis is just one of the many types of medical malpractice. Similarly common are medical malpractice lawsuits involving surgical or medication errors.
When can you take a medical mistake to court?
A valid medical malpractice claim for misdiagnosis requires the plaintiff to prove three main points:
– The misdiagnosis was due to negligence
– The care you received was below general standards
– The misdiagnosis resulted in injury
While the latter point may be relatively simple for a plaintiff to prove with medical records, those seeking compensation for medical malpractice must work with a Florida lawyer who has experience with the other two.
Without access to a Florida medical malpractice lawyer’s expertise and professional network, winning a medical malpractice lawsuit can be a Sisyphean task.
Why is misdiagnosis considered medical malpractice?
A misdiagnosis can result in delayed treatment and unnecessary medical expenses, procedures, and medications. It also can lead to the condition worsening, potentially increasing the risk for pain, suffering, additional treatments, and medical debt.
In extreme cases, misdiagnosis can result in death. And, in addition to the accompanying physical stress and side effects, misdiagnosis can cause immense emotional stress, mental anguish, and financial precarity.
If you’re not convinced you should sue a doctor for misdiagnosis, keep reading.
Why should I sue for misdiagnosis?
Suing a doctor for misdiagnosis could lead to compensation that can help pay for medical bills, loss of income, mental anguish, and pain and suffering.
In Florida, medical malpractice lawsuits make it possible for plaintiffs to recover compensatory, non-economic, and punitive damages.
Compensatory damages cover items with clear costs, such as lost income and medical treatments.
Non-economic damages include hard-to-price areas of loss, such as emotional suffering.
The final category, punitive damages, doesn’t apply to most medical malpractice lawsuits. It requires the behavior that led to the misdiagnosis and injury to have been grossly negligent or intentional.
You should sue a doctor for misdiagnosis because misdiagnosis can cost you a lot. It costs you time, money, energy, and, ultimately, your health. You deserve to be compensated for what this negligence took from you.
Who can I sue for misdiagnosis?
Medical malpractice lawsuits can be filed against any entity, whether a person or corporation, involved in the negligence. It’s important to note that Florida law does not require doctors to have medical malpractice insurance, which could affect the payout schedule of any settlements or verdicts.
Are you struggling with an injury caused by misdiagnosis?
Contact a Florida Medical Malpractice Lawyer today.
Can you sue a doctor for misdiagnosis? Sometimes. That’s the type of answer that makes it all the more important that you work with an experienced Florida medical malpractice lawyer. Florida law limits how long you have to file a medical malpractice claim; you have four years from the date of the malpractice. We strongly suggest you pursue legal action as soon as practical.
At Lytal, Reiter, Smith, Ivey & Fronrath, we handle every medical malpractice case with care and compassion. We know that you deserve to have been treated competently by your doctor and receive the best health outcomes possible. Let us help you get compensation so you can get the quality medical care you need.
Contact us today for a free, no-obligation medical malpractice case consultation with a specialist. Schedule your consultation now by calling us at 561-655-1990 or visiting our website.
