Can you sue when there's a delay in diagnosis in Florida?
If the required elements of a medical malpractice claim are met, you could pursue a lawsuit against a doctor for a delayed diagnosis. Typically, the delayed diagnosis must be the result of a medical professional's negligence for a medical malpractice lawsuit.
A delay in diagnosis in Florida can be especially dangerous to a patient suffering from a severe health condition because of the need for early and aggressive treatment. Unfortunately, delayed diagnoses happen far too often in medicine for many reasons, some of which are not due to a healthcare provider's negligence. It is important to note that the medical standard of care a doctor must adhere to is far different than the normal standard of care for other individuals.
If you think you or a loved one has been the victim of a delayed diagnosis in Florida, the medical malpractice attorneys at Asbury Law are here to help. Call 904.203.8776 or fill out our contact form online to get started on learning how you could be compensated for your injuries.
How do some health or medical conditions in Florida result in a delayed diagnosis?
Many potential reasons exist for a negligent delay in a doctor's diagnosis of a patient's condition. For instance, there could be issues relating to the diagnostic testing of a patient. Additionally, a doctor might fail to recognize or consider particular symptoms or fail to make the necessary connection between a set of symptoms and a potential medical condition.
Medical professionals could provide an untimely diagnosis for just about any type of condition; however, there are some conditions that receive delayed diagnoses more often, including:
- Heart attacks
- Internal bleeding
- Brain injuries
Severe conditions might start out as minor symptoms that a doctor fails to attribute to the underlying condition, so major illnesses and diseases can be commonly undiagnosed in a timely manner.
What are the consequences of a delayed diagnosis in Florida?
A delayed diagnosis can directly impact a patient's treatment and chance of recovering from a condition. For many conditions, the earlier they are diagnosed, the better chance a patient has to recover or survive due to the correct and timely treatment.
An untimely diagnosis could also lead to the health condition spreading to other parts of a patient's body or more complications. Additionally, a delayed diagnosis could cause a medical professional to overlook symptoms or prevent action on an abnormal or unique test result, which could make the difference in saving a patient. When a medical team does not diagnose a condition in a timely manner, incorrect treatments might be used, thereby resulting in additional dangers to a patient. When a medical professional fails to timely identify a treatable condition, a patient could suffer significant and irreversible harm.
When is a delayed diagnosis medical malpractice in Florida?
For a delayed diagnosis to result in medical malpractice, it must be more than a common mistake that many doctors would make under the circumstances. There are several elements that must be proven for a patient to establish medical malpractice from a delayed diagnosis. The typical elements include the following:
- A doctor/patient relationship existed at the time of the diagnosis
- The doctor failed to meet the requirement medical standard of care
- The failure to adhere to the medical standard of care caused the delayed diagnosis
- The patient suffered harm due to the doctor's delayed diagnosis
A successful medical malpractice case commonly requires the opinion of another medical professional to help establish the standard of care under the circumstances and show how a reasonably prudent doctor should have acted. The attorneys at Asbury Law have the experience and knowledge to file a successful delayed misdiagnosis claim. Call 904.203.8776 to schedule a Free Initial Consultation (up to 30 minutes) to learn how they can help you.
While many of our clients are from Jacksonville, FL and surrounding counties in Northeast Florida (Baker County, Clay County, Duval County, Flagler County, Nassau County, Putnam County, and St. Johns County), Asbury Law serves individuals and corporate clients throughout the State of Florida.