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Medical Malpractice: Suing a Doctor for Misdiagnosis


Doctors go through extensive schooling before they are eligible to protect and heal patients. When you go to the hospital, you should feel assured that your doctor is well informed on how to treat your afflictions and recovery. Unfortunately, this is not always the case. Whether a doctor has malicious intentions or not, their negligence in the hospital can ultimately lead to misdiagnosis. As a result, you can risk facing long-term or possibly even irreversible damage to your health. Your well-being should not be compromised in the context of a hospital, and you may be entitled to compensation if you have been a victim to medical malpractice.

What is Medical Malpractice and Misdiagnosis?

Medical malpractice occurs when a doctor causes injury to their patient due to their own negligence or insufficiency to perform expected medical duties. This is generally an umbrella term, and misdiagnosis can be considered a type of medical malpractice. Misdiagnosis is when a doctor fails to recognize your condition or they incorrectly diagnose you for having a certain illness that you actually do not have. A doctor can make these mistakes as a result of carelessness in the hospital or negligence when reading your test results. Regardless, misdiagnosis is dangerous for your health because it can leave an existing condition untreated.

How Do You Prove Misdiagnosis? 

In Florida, the alleged victim must prove these three things to be eligible for compensation from medical malpractice:

  • There was an actual relationship between the patient and the doctor.
  • The doctor was truly being negligent, and their mistake was completely unreasonable. Another doctor in the same practice likely would not have made the same mistake.
  • The doctor’s misdiagnosis was an injurious mistake. There must be evidence of the harm the misdiagnosis caused in order for the medical malpractice claim to be valid.

Who Is Eligible to Sue for Misdiagnosis? 

In order to sue for misdiagnosis, you need proof that the misdiagnosis caused you actual harm. For example, the misdiagnosis may have forced you to undergo unnecessary treatment that you should not have gone through in normal circumstances such as surgery or chemotherapy. In addition, the misdiagnosis may have also caused your serious medical condition to go completely untreated, leaving you in an even worse state than before. To be eligible to sue your doctor for medical malpractice, you just need evidence on how their misdiagnosis affected your overall wellbeing. 

How Are Misdiagnosis Cases Solved?

Misdiagnosis cases are often solved when the lawyer settles with the insurance company. Though most medical malpractice cases are solved this way, sometimes it will be necessary to take the case to court. In court, the plaintiff can prove their injuries to the judge in order to receive proper compensation for their pain.

In Need of a Florida Lawyer? 

If you or a loved one is looking to file a medical malpractice claim, our team at Payer Law is here to guide you through the complex process. To schedule a free consultation with an experienced Orlando personal injury lawyer, please call us at (866) 930-1238 today.



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