Can I Sue for a Misdiagnosis in Jacksonville, FL?
You expect your doctors to correctly diagnose your condition and provide a treatment plan that gives you the best chance of making a full recovery. Unfortunately, that is not always the case. Medical negligence and errors can result in a misdiagnosis.
Millions of people are misdiagnosed each year. Diagnostic errors include the failure to establish a timely and accurate explanation of a health problem. They also include failing to communicate that explanation to the patient.
An incorrect diagnosis can cause great harm and injury to a patient. Understanding your rights and legal options regarding a misdiagnosis in Jacksonville is the first step in recovering compensation for your damages.
What Can Cause a Misdiagnosis in Jacksonville, FL?
The most common cause of misdiagnosis is medical negligence and errors. However, intentional acts can also lead to misdiagnosis of a condition.
Common causes of misdiagnosis include, but are not limited to:
- Failing to order diagnostic tests or lab work
- Not considering a patient’s medical history and/or reported symptoms
- Failing to perform a thorough examination
- Misinterpreting the results from X-rays, MRIs, CT scans, ultrasounds, and lab work
- Failing to refer a patient to a specialist
- Making an assumption about the patient’s condition without considering all possibilities
- Miscommunication between doctors, nurses, technicians, and other healthcare providers
- Failing to order tests to rule out other medical conditions
Other factors could also contribute to a misdiagnosis. For instance, a doctor could be treating patients while under the influence of alcohol and/or drugs. Long shifts and understaffing can result in fatigue, which could contribute to the cause of misdiagnosis of a patient.
Are Some Conditions Misdiagnosed More Than Others?
Any illness or injury could be misdiagnosed. However, some medical conditions seem to be missed or misdiagnosed at an alarming rate.
Common medical conditions misdiagnosed by doctors and medical providers include:
- Appendicitis
- Cancer
- Depression
- Lupus
- Strokes and heart attacks
- Celiac disease
- Parkinson’s Disease
- Lyme disease
- Multiple Sclerosis
- Pulmonary embolism
- Thyroid disease
- Sepsis
You have the right to seek a second opinion from another doctor. If you believe your doctor misdiagnosed your condition, see another doctor immediately. Some patients have seen three or more doctors before receiving a correct diagnosis of their condition.
Filing a Medical Malpractice Claim for Misdiagnosis of a Medical Condition
Can you sue a doctor for misdiagnosis? Yes, you can sue a doctor, hospital, and other medical providers for failing to diagnose a medical condition correctly. However, you have the burden of proving the legal elements required to recover compensation for damages.
The legal elements of a medical malpractice claim based on a misdiagnosis of a condition are:
- The medical provider owed you a duty of care;
- The medical provider breached the duty of care by failing to provide an acceptable standard of care;
- The breach of duty led to a misdiagnosis;
- The medical provider’s misdiagnosis was the direct and proximate cause of your injury or harm; and,
- You sustained damages because of the misdiagnosis.
Before you can sue a physician or other medical provider for malpractice, Florida medical malpractice laws require you to go through several steps. An experienced Jacksonville medical malpractice lawyer will take care of the investigation to gather evidence proving your case and the procedural steps required to file a lawsuit.
What Damages Can I Receive in a Misdiagnosis Claim in Jacksonville, FL?
The consequences of misdiagnosing a condition can be life-altering. The patient might suffer a permanent impairment or disability because the doctor failed to diagnose their condition correctly or promptly. Some cases of misdiagnosis result in wrongful death.
A patient can receive economic and non-economic damages in a medical malpractice claim. Those damages include:
- The cost of past and future medical bills and expenses, including rehabilitative therapies and skilled nursing care
- Personal care and help with household chores
- Emotional distress and mental anguish
- Disfigurement and scarring
- Past and future lost wages and benefits
- Loss of enjoyment of life and quality of life
- Physical pain and suffering
- Out-of-pocket expenses
- Permanent disabilities and impairments
- Diminished earning capacity
The value of damages in a misdiagnosis claim depends on the circumstances of the case. Generally, the value of the claim increases as the severity of the injuries increases. However, other factors can impact how much your medical malpractice claim is worth.
A Jacksonville personal injury lawyer can give you a better idea of the value of your case and the deadline for filing a medical malpractice claim during a free consultation. It is better to seek legal advice as soon as possible than to wait. Waiting could result in losing your right to hold a doctor accountable for the harm they caused you by failing to diagnose your condition.
Contact the Jacksonville Medical Malpractice Law Firm of Baggett Law Personal Injury Lawyers Today For Help
For more information, please contact the Jacksonville and Ponte Vedra medical malpractice law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W. Forsyth St. #170,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167