Failure to Diagnose Lawyers Orlando

According to a recent study published by BMJ Quality and Safety, around 12 million US adults receive a misdiagnosis each year. Failure to diagnose can have devastating consequences for a patient and lead to injury, long-term health problems, and even death. Moreover, the expense of dealing with the aftermath of a delayed or wrong diagnosis can plunge patients and their families into financial hardship.

If your Orlando health provider failed to diagnose your condition, you could be entitled to compensation for your medical expenses, wage loss, pain and suffering, and more. Morgan & Morgan is here for you. Our failure to diagnose lawyers in Orlando could hold the responsible party accountable for your injury and financial losses. Get started now and contact us to schedule a free consultation.

What Is Failure to Diagnose?

Failure to diagnose is a type of medical malpractice that occurs when a doctor fails to diagnose a patient’s condition correctly. Failure to diagnose can include delayed diagnosis and misdiagnosis. Errors in diagnosis can be common and do not necessarily give grounds for a medical malpractice lawsuit. However, if a patient suffers an injury or complications due to receiving the wrong treatment, delayed treatment, or no treatment at all, they could have legal recourse. 

Misdiagnosing or failing to diagnose a minor condition may not affect a patient’s health. However, missing fast-progressing or fatal diseases, such as heart attack, cancer, or stroke, can have devastating consequences for the patient. Misdiagnosis could shorten their life expectancy, or they may experience unnecessary suffering and anguish due to a late diagnosis. Conditions that depend on early treatment and intervention, such as cancer, can become advanced and terminal without a prompt and correct diagnosis.

If you suffered an injury or your condition worsened due to a doctor failing to diagnose, you could have grounds for a medical malpractice lawsuit and pursue compensation. 

Commonly Misdiagnosed Conditions

The American Association of Retired Persons (AARP) says physicians may misdiagnose up to 20 percent of significant health conditions. Commonly misdiagnosed conditions and diseases include:

Cancer

Early detection of cancer early can be crucial for patients. Failure to diagnose or a misdiagnosis of cancer typically results in more aggressive treatments and lower chances of survival. Delaying a cancer diagnosis can lead to unnecessary suffering, steep medical expenses, and early death. According to the AARP, the cancers most frequently misdiagnosed include colorectal, lung, and breast cancer. Physicians may be responsible for failure to diagnose if they:

• Incorrectly interpret diagnostic test results
• Fail to order cancer screening and follow-up tests
• Diagnose the wrong type of cancer
• Fail to take your medical history into account
• Misread your symptoms

Heart Attack

A heart attack must be treated immediately for the best possible patient outcome. However, medical providers can confuse heart attack symptoms with other conditions, such as heartburn, acid reflux, and anxiety. Moreover, heart attacks are more often misdiagnosed in women than men since some symptoms in women can be non-specific and misleading. Waiting too long to treat a heart attack can result in:

• Muscle damage and scarring of the heart
• Permanent brain damage
• Death

Stroke

Like a heart attack, a stroke must be treated promptly for the best possible outcome. Failure to diagnose stroke immediately can have devastating consequences for a patient and cause permanent brain damage, disabilities, and death. Symptoms of a stroke can mimic other conditions such as dehydration, migraines, and seizures. Therefore, doctors sometimes send younger patients home because they fail to consider stroke.  

Sepsis

According to a study published by the National Center for Biotechnology Information (NCBI), 86 percent of physicians stated that the symptoms of sepsis could be attributed to other conditions. However, early diagnosis of sepsis is critical for a patient’s survival. A failure to diagnose and delaying treatment can have devastating consequences for the patient and lead to:

• Amputation of limbs
• Organ failure
• Permanent disability
• Death

You Could File a Medical Malpractice Lawsuit

If your doctor or medical facility in Orlando failed to diagnose your condition or illness, you could file a medical malpractice lawsuit and seek damages. However, you must prove that the defendant in your case acted negligently. In particular, you have to show that:

• There was a patient and doctor relationship
• The doctor did not treat you according to the accepted standard of medical care
• You have an injury and damages as a result

What Is the Standard of Care?

Determining the medical standard of care can be challenging. The essential question is whether another health professional would have provided the patient with the same treatment under the same circumstances. In other words, if another doctor had acted differently, you could have a case. You need to prove that the defendant would have diagnosed your condition correctly if they had followed correct medical standards AND that a prompt diagnosis would have prevented your injury and financial losses.  
An expert witness is generally required to testify and establish the standard of care in a case. 

Compensation Orlando Patients Could Recover

If you or a loved one suffered injuries and financial damages due to a doctor’s failure to diagnose, you could receive compensation with a medical malpractice lawsuit. While every medical malpractice claim is unique, and damages vary, you could qualify for:  

Economic Damages

Economic damages relate to a victim’s financial losses due to medical malpractice and can include: 

• Past, current, and future medical costs
• Lost wages and future reduced earning potential
• Medical transportation costs
• Medical devices and medications
• Costs for in-home care
• Out-of-pocket expenses

Non-Economic Damages

Non-economic damages relate to a victim’s suffering and inconvenience due to the failure to diagnose. In medical malpractice cases, non-economic damages can be considerable and include awards for: 

• Physical pain and anguish
• Emotional distress
• Reduced life enjoyment
• Disability
• Disfigurement

Non-economic damages can be challenging to quantify. However, an experienced failure to diagnose lawyer in Orlando can calculate your non-economic and economic damages and determine the worth of your case.  

Punitive Damages

Punitive damages may be awarded in medical malpractice cases where the court finds a reckless disregard for the patient’s safety. However, Florida has set a cap for punitive damages in medical malpractice cases. Plaintiffs in Orlando can receive up to $500,000 if they win their suit against a doctor or medical care provider. If they sue a hospital or other medical organization, the amount could be up to $750,000. A judge who thinks a case qualifies for a higher award can override the damage cap.

Failure to Diagnose Leading to Wrongful Death

If an individual passes away due to failure to diagnose in Orlando, the surviving family members could recover compensation with a wrongful death lawsuit. Under Florida law, the personal representative of the estate files the suit, acting on behalf of the estate and surviving family members. Damages recoverable in a wrongful death lawsuit can include:

• Medical expenses before death
• Loss of support and services from the deceased
• Funeral costs
• Loss of parental instruction and guidance
• Loss of companionship
• Loss of inheritance

Medical malpractice cases leading to wrongful death can be complex. However, you do not have to go it alone. Our compassionate failure to diagnose lawyers in Orlando can assess your claim, walk you through your options, and file a wrongful death lawsuit on your behalf.