Failure to Diagnose

Getting the right medical diagnosis at the right time can often be a vital part of ensuring a patient recovers in a timely fashion without lasting pain or further impairment. A doctor’s misdiagnosis or delayed diagnosis can result in further harm or even death. The medical malpractice attorneys at the Law Offices of Robert Dixon are dedicated to making sure that patients throughout the Miami area know their legal rights and claims. Our firm represents individuals in Miami-Dade, Broward and Palm Beach Counties, helping those harmed by a doctor’s negligence seek proper compensation for their injuries.

A failed or unreasonably delayed diagnosis may be considered medical malpractice, which is professional negligence if a doctor’s actions fell below the accepted standard of care in the appropriate specialty. To assert the right to compensation in these cases, a patient must show the following:

• A doctor-patient relationship was established, meaning that the doctor agreed to treat the patient;
• The medical professional breached his or her duty of care;
• That breach was a proximate cause of the victim’s injury; and
• The victim sustained actual damages.

Often, misdiagnosed conditions include brain tumors, breast cancer, ovarian and prostate cancer, infections, and vascular diseases. The misdiagnosis or delayed diagnosis of these serious diseases can delay or prevent treatment and lead to severe complications.

Negligent acts can take many different forms, but some common indications that a medical professional fell below the standard of care include failing to listen to the patient and examine his or her symptoms, or failing to recognize a patient’s symptoms as signifying a certain illness when this would be obvious to a typical doctor in the field. Ordering improper tests or failing to interpret tests or lab results correctly can also lead to a doctor’s liability for any unnecessary harm that results. Medical professionals also have a duty to examine their patient’s family and personal medical history, so failure to do so also can result in a medical malpractice claim.

Those who have been harmed by a doctor’s carelessness can seek damages for their injuries, including past and future medical expenses, pain and suffering, and loss of income and earning capacity. If a loved one died as a result of a misdiagnosis or a failure to receive proper medical treatment, certain family members may file a wrongful death claim to recover damages like medical costs, burial and funeral expenses, loss of consortium, and potentially more.

In Florida, the statute of limitations to file medical malpractice and wrongful death claims is two years from the date of the victim’s injury or death. These legal claims can often be technical and complex, requiring extensive medical evidence, so consulting a knowledgeable and skilled attorney can be important in ensuring the proper steps are taken.

Patients trust their doctors to take the appropriate care and consideration in treating their ailments. When a physician fails to make a proper diagnosis because of his or her carelessness, the patient can have prolonged suffering. The medical negligences at the Law Offices of Robert Dixon assist victims throughout the Miami region and beyond in trying to hold negligent doctors responsible for their actions. We can explore the details of your situation and determine whether you may have a claim. Call 877.499.4878 or contact us online to schedule a free initial consultation about your case.