When you go to the doctor with symptoms you do not understand, you want answers. You expect your doctor to perform an examination and tests to diagnose the cause of your symptoms.
Unfortunately, that is not always the case. When a doctor fails to diagnose a medical condition, the patient can suffer irreparable harm.
Failing to diagnose a medical condition is a common reason for medical malpractice cases. Our Boca Raton failure to diagnose lawyer at the Hollander Law Firm Accident Injury Lawyers has extensive experience handling these types of malpractice cases.
With over 28 years of legal experience, you can trust that our legal team has the knowledge, skills, and resources to handle your claim. Contact our law firm by calling (561) 347-7770 for a free consultation with a medical malpractice attorney in Boca Raton, Florida.
Table of Contents
What Is a Failure to Diagnose Attorney?
A failure to diagnose attorney is a lawyer who handles medical malpractice cases involving delayed or missed diagnoses. They help patients prove negligence, show how the misdiagnosis caused harm, and pursue compensation for damages like medical bills, lost wages, and pain and suffering.
How a Failure to Diagnose Lawyer in Boca Raton Can Help with Your Personal Injury Case
A doctor’s failure to diagnose your illness can lead to significant harm, both physically and financially. In the most tragic cases, this mistake could even cost a loved one their life. At Hollander Law Firm Accident Injury Lawyers, our experienced failure to diagnose lawyers believe that every client deserves full compensation for the injuries and damages caused by a doctor’s negligence.
We utilize the resources and knowledge gained in almost three decades of practicing law to obtain top awards for our clients, including multi-million dollar results.
When you hire our legal team in Boca Raton, FL, you can expect your failure to diagnose attorney to:
- Investigate the cause of your illness or injury to determine if medical negligence or wrongdoing is the cause
- Work with you and your new physicians to document the extent of your injuries and damages
- Identify each party that can be held liable for your damages
- File insurance claims and lawsuits to protect your legal rights and best interests
- Aggressively argue for the maximum compensation allowable for your case
If you are searching for a trusted failure to diagnose lawyer or medical malpractice attorney in Boca Raton, FL, our team is ready to help. Call our office today to schedule a free consultation with one of our skilled Boca Raton personal injury attorneys.
How Common Are Injuries Caused by a Failure to Diagnose?
According to Johns Hopkins, diagnostic errors accounted for the largest number of medical malpractice claims over a 25 year period. Diagnosis-related claims also accounted for the most severe patient harm and the highest total of medical malpractice payouts. The leader of the study stated that diagnostic errors could be the most significant patient safety and medical malpractice problem in the United States.
Four Elements You Must Prove in a Failure to Diagnose Case
To succeed in a malpractice lawsuit, your attorney must prove:
- Doctor-Patient Relationship – that you were under the doctor’s care.
- Breach of Standard of Care – that the doctor failed to diagnose as a competent provider would have.
- Causation – that this failure directly caused your injuries or worsened your condition.
- Damages– That you suffered financial losses or physical harm, such as:
- Developing advanced cancer that could have been treated successfully if caught earlier.
- Permanent organ damage due to untreated infection.
- Loss of mobility or long-term disability because of delayed diagnosis of a fracture or stroke.
- Increased medical bills, lost wages, or ongoing rehabilitation costs resulting from the delayed or missed diagnosis.
Overview of Failure to Diagnose Conditions
Failure to diagnose conditions can also include failing to provide the correct diagnosis or providing the wrong diagnosis. When a doctor fails to diagnose a condition, the patient could experience complications, including life-threatening conditions.
An experienced failure to diagnose attorney can investigate what went wrong, uncover malpractice, and hold the negligent medical professional financially accountable for the patient’s injuries and damages.
What a Failure to Diagnose Attorney Wants You to Know About the Common Causes of a Missed Condition
Common causes of a failure to diagnose case are:
- Failing to provide a timely diagnosis because the doctor did not listen to or consider the patient’s report of symptoms
- Failure to order timely laboratory tests
- Misinterpretation of laboratory and diagnostic tests
- Practicing under the influence of alcohol or drugs
- A diagnostic error because a doctor is tired from working too many hours or in understaffed conditions
- Failing to diagnose and treat a condition because the doctor made the wrong diagnosis
- Failure to timely refer patients to a specialist or consult a specialist
- Failing to complete a differential diagnosis list to diagnose conditions that have the same symptoms
If you suspect that your doctor failed to diagnose your condition correctly, you should seek immediate medical attention from another physician to obtain a proper diagnosis and treatment plan. You should also consult with a Boca Raton failure to diagnose lawyer to understand your legal rights and options for pursuing compensation.
What a Failure to Diagnose Attorney Does
- Investigates your case by reviewing records and evidence
- Works with medical experts to confirm what should have been diagnosed
- Proves negligence and causation against the provider
- Pursues full compensation for economic and non-economic damages
Common Types of Injuries Caused by Doctors Failing to Diagnose Conditions
When a doctor fails to diagnose a condition correctly, the patient could sustain various injuries or harm.
The potential consequences of a failure to diagnose conditions include:
- The condition worsens, causing life-threatening injuries and complications
- The patient receives the wrong treatment because of a misdiagnosis
- There is a delay in treatment which could lower the chance of survival or recovery
- A patient may develop a permanent disability or impairment
- The loss of limbs from surgical amputation
The damages caused by failure to diagnose include physical and emotional pain and suffering. They also include the economic losses from medical bills, personal care costs, and loss of income. An experienced failure to diagnose attorney can help patients pursue a medical malpractice claim against the responsible parties to recover fair compensation for these damages.mages.
Who is Liable for Injuries Caused by a Failure to Diagnose a Condition in Boca Raton, FL?
The doctor who misses a diagnosis is generally responsible for the damages caused by failure to diagnose a condition. However, a hospital, medical facility, laboratory, or diagnostic technician could share the liability for a medical malpractice claim.
Proving malpractice requires that you establish the standard of care that should have been used in your case. Doctors have a duty to provide care that meets or exceeds the acceptable standard of care. The standard of care is generally based on what a doctor with the same training and experience would have done in similar circumstances.
Why You Need a Failure to Diagnose Attorney
Medical malpractice cases are complex and require both medical and legal expertise. A skilled attorney brings the resources, expert testimony, and legal strategy needed to build a strong case.
Do You Have a Valid Failure to Diagnose Claim?
You may have a case if your condition worsened because of a delayed or missed diagnosis and you suffered damages such as medical expenses, lost income, or permanent impairment.
Schedule a Free Consultation With a Boca Raton Failure to Diagnose Attorney
Your time to file a medical malpractice claim is limited by the Florida Statute of Limitations. Failing to file your claim before the deadline means you give up your legal right to hold a negligent doctor legally responsible for your damages. It takes time to investigate and pursue these types of personal injury claims, so you need to begin as early as possible.
Contact our law firm today to discuss your case with a Boca Raton medical malpractice lawyer. Your initial consultation is free of charge.
Other Medical Malpractice Cases We Cover
- Birth injuries
- Cardiologist malpractice
- Emergency room errors
- Gynecologist malpractice
- Never events
- Anesthesia injuries
- Medication errors