Doctors have a great deal of responsibility. When you consult a doctor about a health concern or problem, you’re entrusting them with your health. You expect certain things in return, like a careful reading of tests and an accurate diagnosis.

Most of the time, you can trust your doctor to give you these things. However, even experts make mistakes. When a doctor fails to diagnose a condition, or gives the wrong diagnosis, it can cause serious harm to the patient. The patient may receive the wrong treatment, not enough treatment, or no treatment at all.

If you’ve suffered from a doctor’s failure to diagnose, keep reading to find out how you can make things right.

What to do if your doctor fails to diagnose you

If you’ve been harmed by medical errors, it’s important to understand what happened and why. A failed diagnosis is a serious error, and can lead to unnecessary expenses, failed treatments, and diminishing health. In some cases, this can result in the death of the patient.

To win your case, you’ll need to prove the following:

  • The doctor was responsible for your care. A doctor who works in the same facility as your doctor, but isn’t the one treating you or handling your case, doesn’t have the same liability. For a failed diagnosis lawsuit to have merit, a legitimate doctor-patient relationship must have existed at the time of the incident.
  • The doctor made the error, and not someone else. If the error was made by another person involved in your treatment, such as a nurse or technician, then the doctor may not be liable. However, you may still be able to sue the hospital.
  • The error was avoidable. A doctor can’t cure every patient or prevent every error. However, doctors are required to provide at least a minimal level of care, which means following standard protocols and minimizing risks to the patient. Doctors who cut corners, give unnecessary treatments, or disregard the patient’s wishes may be found negligent in court.
  • The patient was harmed by the error. A doctor who makes an error, even a serious one, may have a defense if the patient was not harmed, or was harmed by something unrelated.

There are other factors that can affect your case, such as the statute of limitations. In Florida, this is two years from the time that the injury was discovered, or could reasonably have been discovered.

Winning a failed diagnosis lawsuit can be challenging, especially when you’re already burdened by a serious illness. But if you’ve suffered because of medical errors and negligence, you deserve compensation. Contact our offices and let Katherine handle the case for you. We’re just a phone call, email, or text message away!