Orlando Failure to Diagnose Lawyer
Most doctors are trained to be responsible and competent, but every year there are millions of patients who are misdiagnosed. Some research puts the number at approximately 12 million Americans each year. Typically, misdiagnosis falls into one of four categories:
- Failed diagnosis: This occurs when the patient’s ailment or illness is completely missed or ignored, and they receive no treatment or therapy.
- Late diagnosis: This happens when a patient’s illness is not promptly diagnosed, which results in delayed therapy or other negative impacts on their recovery.
- Incorrect diagnosis: This is when a doctor renders an incorrect diagnosis, with an ailment or illness that is not present in the patient. Again, this delays proper treatment and may also result in unnecessary and potentially harmful treatment.
- Misdiagnosis. This occurs when a test, like an X-ray, CT or MRI, is not properly interpreted.
Any of these misdiagnoses can result in serious injury and even death. If you or your loved one have suffered from a medical professional’s failure to diagnose your illness, an Orlando failure to diagnose lawyer or Fort Lauderdale failure to diagnose lawyer at Haliczer Pettis & Schwamm, P.A. may be able to help you.
How Does Misdiagnosis/Failure to Diagnose Happen?
In most medical situations, doctors and other medical professionals perform competently and according to the standard of care required of them. But misdiagnoses can and do occur, often for one of the following reasons:
- Doctors and medical professionals make mistakes in diagnosis or following care;
- Doctors and medical professionals are following outdated protocols and practices to identify and treat illnesses; and
- Healthcare is slow to adopt and adapt to new therapies, protocols and practices.
Results can be serious for patients who are undiagnosed. For example, a failure to diagnose cancer, heart disease or other serious conditions makes the underlying condition worse but can also lead to other potentially life-threatening medical problems. These patients suffer because they don’t get the treatment they need, and their condition can worsen or spread. This impacts the patient’s ability to get well and diminishes their quality of life. At Haliczer Pettis & Schwamm, P.A. our Orlando failure to diagnose lawyers and Fort Lauderdale failure to diagnose lawyers have the experience to help with these types of claims.
How Can I Avoid a Misdiagnosis or Failure to Diagnose?
It’s important to be an advocate for your own healthcare. In so doing, there are several ways that you can avoid or minimize chances of a misdiagnosis or failure to diagnose:
- Research your choice of doctors. Inquire of your friends, neighbors, and work associates about their experience with doctors in the field.
- Check databases that offer information about a medical professional’s education, specialties, accreditations and reputation. You can go to your state’s Medical Board website or to the American Board of Medical Specialties
- When meeting with a doctor, take good notes or bring along a family member or friend to note the conversation to be sure you understand and record pertinent information.
- If you’re not getting better after starting treatment with a doctor, get a second opinion.
- Always raise questions and concerns you may have with your doctor.
Legal Remedies for Misdiagnosis or Failure to Diagnose
If despite your best attempts to find a reputable doctor and follow his or her advice, what happens if you are nonetheless misdiagnosed? Maybe your medical professional didn’t order necessary tests, ignored or failed to identify evident symptoms, or developed an improper treatment regimen based on your symptoms. Regardless of the specific facts and circumstances surrounding the failure to diagnose or misdiagnosis, a medical professional owes you a duty of care. If that duty was breached, and you suffered because your quality of life and/or health deteriorated, you may have a medical malpractice lawsuit and it’s important to contact an Orlando failure to diagnose lawyer or Fort Lauderdale failure to diagnose lawyer at Haliczer Pettis & Schwamm, P.A. today to discuss your options.
The elements of a medical malpractice lawsuit are as follows:
- The doctor or medical professional owed you a duty of care.
- The doctor or medical professional breached the duty of care by providing an improper standard of care.
- The doctor or medical professional’s negligent conduct caused your or your loved one’s injuries.
- You or your loved one sustained damages.
Note that without harm, injuries or damages you do not have the basis for a medical malpractice lawsuit. Similarly, if you are unable to prove that the medical professional caused your injury, you do not have the basis for a medical malpractice lawsuit. Finally, if you cannot prove that the conduct of the medical professional did not meet the requisite standard of care, you do not have the basis for a medical malpractice lawsuit.
How Do I Proceed If I Think I Have a Medical Malpractice Lawsuit?
If you think that you may have a medical malpractice lawsuit against your doctor or another healthcare professional for failure to properly diagnose your illness or injury, don’t delay in speaking with an Orlando failure to diagnose lawyer or Fort Lauderdale failure to diagnose lawyer at Haliczer Pettis & Schwamm, P.A. As do all states, Florida has a statute of limitations that will bar your claim if you don’t act in a timely fashion. Medical malpractice lawsuits are fact-intensive, and the investigation and discovery period often takes a very long time.
We have many years of experience in the medical malpractice area, particularly in regard to cases involving failure to properly diagnose. Contact us today for a confidential consultation.