Many people rely on medical practitioners to diagnose them properly when they suspect that there is something wrong, as well as providing the medical care and attention typical of such a diagnosis. Unfortunately, doctors are not always accurate and misdiagnoses do occur. A misdiagnosis can mean the difference between getting better or progressively getting worse, or in some cases, life or death. Negligence may cause doctors to take incorrect decisions, leading to devastating results. Under Florida law, if someone is harmed due to negligence in a case of misdiagnosis or delayed diagnosis by a doctor or medical professional, that person has a claim against the medical provider involved and can sue for damages.
In order to have a medical malpractice claim under Florida law, for misdiagnosis, you must prove the following:
- A doctor-patient relationship existed;
- The doctor was negligent, and that he or she failed to provide treatment in a reasonable and/or skillful manner; and
- The doctor’s negligence/misdiagnosis resulted in actual injury
Proving that a doctor was negligent in their care for you can be difficult. A misdiagnosis is not enough to prove negligence, as doctors are human beings and naturally make mistakes. Even the most skilled doctors can make diagnostic errors. To prove that your misdiagnosis was the result of negligence, you must prove that the doctor failed to act competently, and that the care offered to you was below the general standard of medical care, which can be done by evaluating what the doctor did/did not do to decide your diagnosis.
Further, to prove medial malpractice, the opinion of another expert medical professional may be required. If it appears that other doctors could have diagnosed the same illness, under the same conditions, by using the correct diagnostic techniques, but your doctor failed to do so, due to negligence, then your doctor can be held liable for the damage caused in a medical malpractice claim.
At Darfoor Law Firm, we assist patients in recovering compensation for losses that were a result of medical malpractice. If you believe that your misdiagnosis lead to medical complications, call 1-833-DARFOOR for a free consultation.
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