UNITED STATES—When we visit our trusted healthcare professionals to diagnose and treat a medical condition, we expect their expertise to provide the treatment to cure what ails us. Most of the time, they’ll ask us questions, schedule tests, and then diagnose what’s wrong. Generally, we undergo their treatment plans, and our condition improves. Unfortunately, this isn’t always the case, and sometimes we’re misdiagnosed, causing more problems than we originally had.
If this is the case for you, consulting with Miami medical malpractice lawyers can ensure you receive compensation for your damages. A medical misdiagnosis can be very dangerous and cause life-altering conditions.
What Is a Medical Misdiagnosis?
CNN reports that a staggering 7.4 million medical patients per year are misdiagnosed. Unfortunately, many are exposed to further harm and have other life-altering medical conditions. A misdiagnosis occurs when a doctor or other healthcare professional incorrectly identifies a patient’s condition. This could be due to gross negligence of care, incorrect testing, or faulty test results.
Misdiagnoses can also occur when a healthcare professional doesn’t ask the patient the proper questions or shrugs off symptoms they consider minor. Regardless, a misdiagnosis can cause harm by not treating the right condition, or worse; it can cause other negative symptoms and conditions.
Legal Recourse for Medical Malpractice
Florida patients who believe they’ve been the victim of a medical misdiagnosis have the legal right to seek compensation for their damages. The Florida Medical Malpractice Act states that the patient must prove medical negligence that caused negative effects on their health and overall quality of life. Seeking compensation should never be undertaken without consulting with an experienced medical malpractice attorney.
How To Prove Medical Malpractice
A medical malpractice case is generally twofold. First, you’ll have the burden of proving that your condition was misdiagnosed and that it caused you harm. Secondly, you’ll be seeking financial compensation for your damages. To receive a successful settlement, you’ll have lots to prove. Here’s what to expect.
Hire an Attorney
A Florida medical malpractice lawsuit should never be attempted without the help and guidance of an experienced personal injury attorney. Regardless of how obvious your misdiagnosis was, the negligent doctor’s insurance company will do everything it can to minimize your condition. If they try to offer a quick settlement, know their offer won’t be close to what you deserve.
Gather Evidence
To file a medical malpractice lawsuit, you’ll have the burden of proving that your doctor failed to provide the standard of care that another similarly qualified professional would have. You’ll not only need to prove that a misdiagnosis occurred but that it also caused you harm. To prove your claims, documentation is necessary.
The gathering of evidence can be a time-consuming task and is best done under your lawyer’s guidance. Medical malpractice cases can sometimes require mountains of documented evidence from various sources. The most important is your medical records which can be quite lengthy. They’ll include your doctor’s notes, lab results, imaging records, prescriptions, and anything related to your misdiagnosis claims.
Some other typical types of evidence necessary for a case like this can include:
- Medical bills
- A statement from a qualified expert who suspects you were misdiagnosed
- Travel expenses to and from medical appointments
- Receipts for any out-of-pocket expenses related to your condition
Pre-Trial Negotiations
After you and your attorney have gathered all the necessary evidence to prove medical malpractice, your legal team will need to send your doctor a certified letter stating your claims and intention to file a formal lawsuit. Your doctor will have 90 days to respond. After the three-month period, your lawyer will file your lawsuit with the court. This is when the negotiation process begins.
Negotiations take place during the discovery phase of the case. Both legal teams will exchange evidence and information and see if the matter can be settled without moving forward with a costly and lengthy trial. Fortunately, most medical malpractice cases are settled without needing a trial. If both legal teams cannot reach an agreement, they may go to arbitration or mediation in the hopes of coming to a settlement.
Legal Recourse for Misdiagnosed Patients: The Bottom Line
A misdiagnosis can worsen a medical issue, which can tragically alter a patient’s life. Worse yet, it can lead to other medical complications. If you’ve been the victim of a misdiagnosis or a delayed diagnosis, you have a legal right to compensation for damages. Working with an experienced medical malpractice attorney is the best way to seek justice.
