Misdiagnosis and Delayed Diagnosis

Medical misdiagnosis or delayed diagnosis can occur due to a failure to use appropriate differential diagnoses, an improper reading of test results, a failure to order the right tests, or poor follow-up. Whatever the details, it may result in devastating consequences. In some cases, sick people are told they are healthy, resulting in a delay that makes a condition worse. In other cases, a healthy person is told he or she has a disease and pays thousands of dollars only to find that there is nothing wrong. At the Dean Law Firm, our medical malpractice lawyers help victims of misdiagnosis in the Ocala area pursue the compensation that they need.

Medical malpractice is any situation in which a doctor, nurse, or other health care provider breaches the appropriate professional standard of care and causes injuries. A misdiagnosis or delayed diagnosis case is based on a failure to diagnose someone with the level of care, skill, and treatment that is recognized as acceptable by similarly trained and situated providers, in light of all the relevant circumstances.

The victim will have to prove a doctor-patient relationship, the physician's duty of care, the physician's breach of the duty to follow acceptable standards in treating the patient, a causal link connecting the breach to the injury, and damages. Usually, it is necessary to retain an expert to analyze the situation and testify that the failure to timely diagnose or the misdiagnosis was the cause of the injuries. The doctor's attorney and expert may argue that your injuries are the natural outcome of the disease and that there was no way to properly diagnose the symptoms.

Misdiagnosis cases involving cancer, heart disease, or infections are common. A patient often sees a doctor with signs and symptoms that the doctor should subject to a differential diagnosis, and the doctor may either fail to make the appropriate diagnosis or order the wrong tests. Occasionally, a lab makes an error in the tests. A failure to properly diagnose an infection and provide treatment can result in sepsis. A failure to properly diagnose a tumor can result in cancer spreading throughout the body.

If you successfully prove a misdiagnosis or delayed diagnosis, you can potentially recover compensation from any health care providers deemed responsible. This may include medical expenses, lost earning capacity and lost income, pain and suffering, and loss of consortium for your spouse.

In most cases arising out of negligence, you must bring the claim within four years. The statute of limitations for a misdiagnosis case, however, is just two years from when a patient knew or should have known that an injury occurred or that it was reasonably possible an injury was caused by malpractice. Unless there is fraud, misrepresentation, or concealment, you cannot sue a health care provider for a misdiagnosis more than four years after the actual malpractice occurs.

When you seek assistance from a doctor, you may put your life in his or her hands. At the Dean Law Firm, our injury attorneys represent Ocala residents and others who have been harmed by medical malpractice. We also serve individuals in Crystal River, The Villages, and other areas of Marion, Lake, Sumter, Levy, and Citrus Counties. Our attorneys aggressively negotiate with insurance adjustors, and we can also take your case to trial if necessary. Contact the Dean Law Firm for a free consultation at 352-387-8700 or via our online form.