When you go to the hospital or to a doctor’s appointment, you likely have a lot of trust in your treating physician. After all, they are the experts – they have the education and training necessary to diagnose and treat whatever is going on with you. Unfortunately, this isn’t always the case, and patients may suffer as a result.
According to a recent study, as many as 7.4 million patients who visit the emergency room each year are misdiagnosed, on top of misdiagnoses at doctors’ offices and other parts of hospitals. When a medical condition isn’t correctly diagnosed, the patient’s health can deteriorate, or they may even receive harmful treatment for a condition that they don’t have. If you have been injured by a medical misdiagnosis, you may be able to file a lawsuit against the doctor with the help of our Florida medical malpractice attorneys.
Based in Vero Beach, Gould Cooksey Fennell represents injury victims throughout Florida’s Treasure Coast region – including those who were harmed by medical negligence. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Vero Beach misdiagnosis lawyer, contact our law firm today.
What Can Be Considered a Misdiagnosis?
Misdiagnosis is a broad term that can be used to describe a few different things. A patient may be misdiagnosed by:
- Failure to diagnose: This happens when a doctor fails to diagnose a medical condition. For example, if a patient presents with a persistent cough and the doctor brushes it off as a cold symptom instead of checking for other conditions, it would be considered a misdiagnosis if the patient later discovers that the cough was caused by a condition like chronic obstructive pulmonary disease (COPD).
- Incorrect diagnosis: If a doctor diagnoses one condition instead of another, that might be an example of a misdiagnosis. For example, if a doctor diagnoses a patient with indigestion instead of a heart attack, that would be an incorrect diagnosis.
- Delayed diagnosis: This occurs when a diagnosis is made later than it should have been, allowing the disease or condition to progress. For example, if a cancer diagnosis is delayed, it may progress to a more advanced stage, making it much harder to treat.
A misdiagnosis can be considered a form of medical malpractice in some situations. Specifically, the doctor must have failed to meet the standard of care for their profession. You also must have suffered harm as a result of the misdiagnosis.
While some people are not injured by a misdiagnosis or failure to diagnose, it can often cause significant physical injury and mental distress. In some cases, a misdiagnosis may even lead to disability and/or death. Depending on your situation, a misdiagnosis may lead to:
- A worsening of your symptoms
- Having unnecessary surgery
- Not getting the medical treatment that you need
- Taking medication or receiving treatment that you do not need
- Emotional distress, such as anxiety and fear
- Deterioration of your overall health
- Physical pain
- Loss of treatment options that would have been available if you had been diagnosed correctly
- More invasive treatment once the proper diagnosis is made
Consider a situation where a patient visits the emergency room with an awful headache that came on suddenly. The doctor diagnoses them with a migraine, gives them medication, and then discharges them. Later, the patient suffers a stroke that leaves them with cognitive issues and weakness on one side of their body. Here, the misdiagnosis may be a form of medical malpractice if the emergency room physician failed to meet the standard of care for the profession (such as by ordering additional testing or fully considering all of the patient’s symptoms).
According to a study from Johns Hopkins University, an estimated 795,000 Americans die or are permanently disabled each year due to diagnostic errors. Vascular events (heart attacks and strokes), infections, and cancers account for 75% of the serious harm suffered by patients. This same study found that 15 diseases were responsible for 50% of all of the serious harm, with the top 5 being stroke, sepsis, pneumonia, venous thromboembolism, and lung cancer. Strokes were the leading cause of harm, as a diagnosis that was missed in 17.5% of the cases studied.
While many doctors provide an excellent level of care to patients, a misdiagnosis can have devastating consequences. If you have been harmed because a doctor failed to diagnose a medical condition properly (or at all), you may be able to file a lawsuit against the doctor and any other medical professionals responsible for your injuries.
Building a Legal Claim for Misdiagnosis
Not every misdiagnosis case will lead to a lawsuit. Generally, you will have to prove that the at-fault doctor was negligent. Negligence is a legal term that essentially means that a person failed to use the level of care that a reasonable person would use in a similar situation.
For medical negligence, the standard is a bit different. To win a claim, you will need to show the following four elements:
- Duty: The doctor owed you a duty of care (proven by the fact that you have established a doctor-patient relationship).
- Breach: The doctor violated this duty by failing to provide appropriate medical care as defined by the standard of care for the profession (i.e., failed to take the steps that a prudent and competent doctor with similar training and skills would have taken based on the available information).
- Causation: This violation caused an injury that would not have occurred if the condition had been properly and timely diagnosed.
- Damages: You suffered harm as a result.
If you can prove these four elements, then you may be able to pursue legal action against the doctor who misdiagnosed you.
Of course, it can be difficult to know whether or not you have a viable claim. If you were misdiagnosed by your doctor, your best course of action is to schedule a free consultation with a Vero Beach misdiagnosis lawyer. They will listen to your story and offer you advice about your legal rights and options.
If you do decide to move forward with a claim, then your attorney will get to work to build a case. This may include requesting medical records, interviewing witnesses, working with experts, and researching Florida law.
While your legal team is at work, you can take steps on your own to make sure that your case is as strong as possible. This includes following through with all treatment plans, including medical tests, procedures, and medications. If you don’t follow through on treatment, then the doctor and their insurance company could argue that your condition was made worse by your own actions, and not the misdiagnosis.
During this time, you should avoid talking to the insurance company or any adjuster who may contact you. Remember that their goal is to resolve the case for as little money as possible, and your goal is the exact opposite. If the insurance company contacts you, refer them to your lawyer.
Working with a seasoned Vero Beach medical malpractice attorney is the best way to get maximum compensation for your injuries. If you believe that a doctor misdiagnosed you, contact our law offices as soon as possible. We will fight for your right to full compensation – and protect your interests through each step of the process.
Compensation in a Florida Misdiagnosis Case
If you suffered harm because of a misdiagnosis, you may be entitled to damages (compensation). Depending on the facts of your case, this may include economic damages, non-economic damages, and punitive damages.
Economic damages pay for your direct financial losses. After a misdiagnosis, this may include money for things like medical bills and lost wages. It can also include money for your future financial losses, such as future medical treatment and reduced earning capacity. For example, if you suffered a stroke because of a misdiagnosis, your economic damages compensation could include money for ongoing physical therapy, modifications needed to make your house accessible, and money for the wages that you would have earned if you weren’t disabled from the stroke.
Non-economic damages pay for your indirect losses, like pain and suffering, loss of enjoyment of life, and loss of consortium. These damages can be harder to prove because you don’t get a bill in the mail for your emotional distress. But in a medical malpractice case, they can be incredibly important, as many people suffer a lot of anguish after receiving an incorrect or delayed diagnosis, or not being diagnosed at all.
Finally, punitive damages are awarded in more unusual cases where the doctor acted intentionally or recklessly. For example, if a doctor were under the influence of alcohol and/or drugs when seeing patients and missed a diagnosis as a result, they could be liable for punitive damages. In Florida, punitive damages are capped at the greater of $500,000 or 3 times compensatory damages (economic plus non-economic damages).
Remember: insurance companies are not on your side and don’t have your best interests at heart. If you want to get full compensation for your losses, reach out to our law firm today to talk to a Vero Beach misdiagnosis lawyer. We are tireless advocates for our clients, working hard to get them the money that they deserve for their losses.
Experienced Florida Misdiagnosis Attorneys
When you go to the doctor, you expect to be treated properly – and to get the right diagnosis for your medical condition. Unfortunately, doctors do make mistakes, and sometimes, those mistakes cause serious harm. In this situation, you may be able to file a lawsuit against the doctor.
Gould Cooksey Fennell represents victims of medical negligence, helping them get compensation for their losses. We know how difficult it can be to deal with a misdiagnosis while also working to get healthy. Our Vero Beach misdiagnosis lawyers will take on the legal battle for you so that you can focus on getting better. To learn more or to schedule a free consultation with a Florida misdiagnosis attorney, give us a call at 772-758-8756 or fill out our online contact form.
