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What to Do if You Have Been Misdiagnosed in Florida: Your Rights and Legal Options

Feb 06, 2023

Being misdiagnosed can be a disheartening experience. It’s not just having to go through the same tests again but also being robbed of valuable time that could have been used for treatment and healing. 


But if you or someone you know has been misdiagnosed in Florida, don’t worry—your rights are protected, and there are legal options available to make sure you get the care and compensation you deserve. Read on to learn more about what to do if you’ve been misdiagnosed in Florida! 


Misdiagnosed? Does That Really Happen?


It may sound strange, but getting misdiagnosed is actually quite common. In fact, some studies show that 1 in every 20 adult diagnoses is incorrect. 


That figure increases even further when it comes to serious conditions such as cancer. Even in cases where misdiagnosis is not the direct cause of death, it can still be a contributing factor and may shorten a person’s life span or otherwise reduce the quality of their remaining years.


Why a Misdiagnosis Can Be So Serious


When someone is misdiagnosed, they are often robbed of the opportunity to get timely treatment for their condition or to make informed decisions about their healthcare options. This can lead to serious complications, financial hardship, and even death. 


Thankfully, Florida law allows those who have been victims of medical malpractice to pursue legal action against negligent healthcare providers and facilities.

 

What Are Your Legal Options?


If you or a loved one have been misdiagnosed in Florida, your first step should be to report the incident to the appropriate state agency. You should also consult with a medical malpractice attorney to discuss your legal options and whether you may be entitled to compensation for your injuries. 


Generally speaking, there are two types of legal claims that can be pursued in the case of medical malpractice: a claim for negligence and a claim for breach of contract. 


A negligence claim is based on the concept that a healthcare provider failed to exercise reasonable care for their patient’s welfare. A breach of contract claim looks at whether or not the healthcare provider breached their contractual obligations to the patient, such as providing proper diagnosis and treatment. 


In either case, you will need to demonstrate that you suffered an injury or harm due to your misdiagnosis. This may involve expert testimony from other medical professionals who can confirm the negligent action or inaction by your healthcare provider. 


Overview of Potential Compensation


If your claim is successful, you may be entitled to a variety of types of damages. Take a moment to explore these below to get a better understanding of what you may be able to recover:


1. Medical Expenses: Depending on the severity of your condition, you may be eligible for reimbursement for past and future medical expenses. This could include hospital stays, medications, diagnostic tests, and more. 


2. Pain and Suffering: If your misdiagnosis has caused physical pain or emotional distress, you can seek compensation for those damages, too. 


3. Lost Wages: If your misdiagnosis resulted in lost wages due to time spent away from work seeking treatment or recuperating from your injury, you may be eligible for compensation to cover this expense, as well. 


In addition to these economic damages, some courts have also awarded non-economic punitive damages in cases of egregious negligence. 


Finding the Right Legal Help


The legal process for medical malpractice cases can be complex, and it’s important to have an experienced attorney on your side who is knowledgeable about Florida law. 


If you think that you or a loved one may have been misdiagnosed in Florida, don’t hesitate to reach out to The Doctor Lawyer Firm. We have extensive experience successfully handling medical malpractice claims, and we’ll be happy to answer any questions you may have. 


How Your Medical Malpractice Attorney Can Help You


A medical malpractice attorney can help you navigate the complex legal process and ensure that your rights are fully protected. Your lawyer will investigate the facts of your case, gather evidence to support your claim, negotiate on your behalf with insurance companies or other liable parties, and represent you in a court of law if necessary. 


Why It’s So Important to Have Experienced Legal Representation


Any time you’re squaring off against the medical industry, you’ll need an experienced attorney who has handled similar cases in the past and knows what it takes to get a favorable outcome. 


Doctors and hospitals have immense resources at their disposal, and you need an advocate who can even the playing field so that your interests are adequately represented. 


Oftentimes, the doctor or medical provider that caused your misdiagnosis will try to avoid responsibility or dispute the extent of your injuries. That’s why it’s so important to work with a legal team that has the experience and resources to fight for your rights in court. 


Not only will a medical malpractice attorney fight for your legal rights, but they can also help alleviate your emotional distress. Dealing with a misdiagnosis is difficult enough without having to think about the legal process. 


Your attorney can ensure that the process goes as smoothly and successfully as possible, giving you peace of mind and allowing you to focus on your recovery.

 

Don’t Hesitate to Reach Out


If you or a loved one has been the victim of a misdiagnosis in Florida, don’t hesitate to reach out to The Doctor Lawyer Firm. We provide personalized service and experienced representation in medical malpractice cases throughout Florida. 


We understand how difficult it is to deal with the impact of a misdiagnosis, and we’ll work tirelessly to secure compensation for any harm that has been done. 


Our team is here to answer any questions you may have about this process—call us today for more information! We look forward to helping you get the justice you deserve. To arrange a time to discuss your case, feel free to call us at
1-833-MEDMALS. No matter the outcome of your case, we are here for you every step of the way. Call today.


The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.


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