Lawyers in Jacksonville
Serving Jacksonville, Jacksonville Beach, and clients throughout Florida
As a patient, you expect to go to a doctor or visit a hospital and receive the proper diagnosis so you can receive proper treatment. But, what you may not realize is that any time you visit a medical professional, you run the risk of a diagnostic error. Physicians, nurses, health care aides, and even surgeons have a duty to provide a specific standard of care, but it can be difficult for them to do so with every single patient they treat, especially when they are overbooked and lack adequate staffing. Our medical misdiagnosis lawyers in Jacksonville are here to help you.
One of the most common errors made by healthcare professionals is a misdiagnosis – and it accounts for a large majority of medical malpractice lawsuits in the United States each year.
What Causes Diagnostic Errors?
Healthcare professionals make mistakes. But, those mistakes put patients at risk for more serious injuries or death. A diagnostic error can cause a patient to have delayed treatment for their illness or condition, which can result in life-threatening complications.
According to the Archives of Internal Medicine, diagnostic errors often resulted from system errors, which make it harder for professionals to find the right diagnosis.
In the United States, healthcare systems have made it easier for doctors to incorrectly diagnose their patients. Just some of the common causes for these deadly diagnostic errors include:
- Not ordering the necessary tests
- Not following up with a patient after a medical test has been performed
- Not analyzing blood work or tests
- Not reading medical tests in a timely manner
- Not referring the patient to the appropriate specialist
- Referring the patient to a specialist who does not consult with the patient’s primary care physician before reaching a diagnosis
- Failing to properly diagnose cancer
- Losing test or x-ray results
- Not ordering a biopsy
- Using defective test instruments
It does not matter why a misdiagnosis occurs. When a patient does not receive the right diagnosis, his or her life is at risk.
The Most Commonly Misdiagnosed Diseases
There are often illnesses out there that are easily misconstrued for other conditions. Just some of the illnesses that are most commonly misdiagnosed include:
- Breast Cancer
- Lung cancer
- Heart disease
- Stomach cancer
- Ovarian cancer
- Pulmonary embolisms
- Traumatic brain injury (TBI)
Proving Medical Malpractice from Incorrect Diagnosis
A doctor is not legally responsible under Florida law for their diagnostic errors; instead, the victim must prove that the doctor failed to provide a level of standard care when failing to diagnose properly. To do this, a medical malpractice attorney must prove three things:
- The doctor-patient relationship was present. This means the physician that misdiagnosed you was your actual physician or a doctor you have paid to see.
- The doctor’s misdiagnosis was the result of negligent actions. This means he or she did not take reasonable steps to find out the true issue or diagnose in a competent manner.
- The negligence of that doctor caused injuries and losses for the patient.
Negligence and Misdiagnosis
It is critical that you prove negligence in a misdiagnosis case. If a physician acted negligently, then he or she is liable for any damages. But, if a physician did perform the necessary tests, act competently and still misdiagnosed, then it may not be a case for medical malpractice.
Because these types of cases are very complex, you need to consult a personal injury attorney first to determine if you have a valid claim. An Experienced birth-injury attorney can look over the facts of your case, consult other medical professionals, and determine if the doctor did in fact act negligently when misdiagnosing you.
Contact the Medical Misdiagnosis Lawyers in Jacksonville Today
If you or a loved one has suffered an injury or death because of a physician’s inability to diagnose properly, contact the Medical Misdiagnosis Lawyers at Hardesty, Tyde & Ashton, P.A. today.
We offer free case evaluations and we can review the facts of your medical malpractice case. If you do have a case, we will work aggressively to protect your right to compensation.
To get started, schedule your free consultation by calling us now.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)