Practice Areas Medical Malpractice Misdiagnosis

Dedicated Boca Raton Attorneys Helping Victims of Medical Malpractice

We trust medical professionals to provide us with the treatment and care that we need. Sometimes, it is difficult to know as a patient whether your doctor is fulfilling his or her duties and whether you should be seeking a second opinion. We typically follow our doctors’ advice and trust that they know what is best for our health. Although most physicians provide sufficient medical care, there are some unfortunate instances in which a physician misdiagnoses a patient, who then may need to consult a medical malpractice lawyer. A misdiagnosis may result in a broad range of consequences, including turning minor conditions that might have been remedied with an appropriate diagnosis into more serious and potentially permanent or fatal conditions. At The Grife Law Firm, our experienced Boca Raton misdiagnosis lawyers have taken part in multi-million dollar litigation for victims of medical malpractice throughout South Florida, and we are ready to help you fight for your rights.

Bringing a Medical Malpractice Claim in Florida

Florida law has very specific requirements regarding medical malpractice claims. Failing to follow these procedures may compromise a victim’s legal rights, so it is critical to consult an experienced lawyer to make sure that you are following the correct procedures. Many patients are unaware of Florida’s pre-suit screening process. Described in Florida Statutes Annotated section 766.106, et seq., this process first requires the victim to obtain an affidavit from a medical expert in the same field as the prospective defendant, stating that they believe that the prospective defendant rendered negligent medical care, before the plaintiff may file suit.

After obtaining this declaration, the plaintiff must send notice to the prospective defendant of their intent to file a lawsuit. The plaintiff must also gather a number of other documents to include with the notice and the ultimate lawsuit if the matter proceeds in that direction. Additionally, under section 766.104, a lawyer filing a medical malpractice lawsuit on behalf of a victim must verify that they have conducted a reasonable investigation into the alleged misconduct and identify grounds for a good-faith belief that the negligent conduct occurred. The misdiagnosis attorneys at our Boca Raton firm are familiar with this process.

Holding a Physician Liable for a Misdiagnosis

If the plaintiff has completed the pre-suit screening process successfully, they may file a civil lawsuit seeking damages for the medical expenses, pain and suffering, lost wages, and other hardships associated with the medical error. The plaintiff may also seek compensation for long-term damages, such as any ongoing medical care, hospitalization, and assisted living facitilies that will be required. In the event that the misdiagnosis leads to a wrongful death, the victim’s family may be able to recover for lost earnings of the decedent, funeral expenses, and mental anguish. To obtain this compensation, the plaintiff will need to show that the defendant’s conduct constituted a breach of the prevailing professional standard of care, which takes into consideration the level of skill, care, and training that other physicians from comparable backgrounds would demonstrate when faced with a similar medical case.

One of the most common categories of misdiagnosis is a cancer misdiagnosis, which may have fatal or life-altering consequences for a victim. In this situation, the plaintiff will need to show that a competent medical professional treating a similar patient would have rendered an appropriate diagnosis of the plaintiff’s condition. There are many types of cancer, and sometimes making an appropriate diagnosis is difficult, especially when benign cysts are present or the cancer is presenting at an early stage. Although the standard of care makes some allowances for inaccurate assessments, an unreasonable mistake will be considered medical malpractice.