Miami Medical Misdiagnosis Attorneys

Helping Victims of Misdiagnosis, Failure to Diagnose & Diagnosis Errors Nationwide

Part of a doctor's or healthcare provider's job is providing accurate and timely diagnoses. Diagnosing an illness skillfully is the foundation of proper treatment; many health conditions must be treated as quickly as possible for treatment to be effective. If a healthcare provider fails to offer a diagnosis (or provides an incorrect diagnosis), the consequences could be devastating.

Common diagnosis errors include the following:

• Wrong diagnosis
• Missed diagnosis
• Failed diagnosis

The Miami misdiagnosis attorneys at Stewart Tilghman Fox Bianchi & Cain, P.A. are known worldwide for our work on behalf of the injured and grieving, including cases of medical malpractice. We've taken massive hospitals, healthcare systems, and insurers to court for our clients—and won. Our victories have resulted in hundreds of millions of dollars, providing our clients with the medical care and financial stability they need to recover. With thorough investigation and our nationally-renowned trial skill, we have made it possible for our clients to hold well-resourced doctors and hospitals accountable.

To speak with our Miami misdiagnosis attorneys about your claim, call (305) 770-6335. In a free consultation, we can discuss your options and what we can do to help. Serving clients throughout Florida and nationwide.

How to Sue for Medical Misdiagnosis in Miami

If you're living in Florida and suspect you've been misdiagnosed, you may have grounds to file a medical malpractice lawsuit. However, winning such a case requires meeting certain criteria and overcoming various legal hurdles.

To sue a doctor for negligence, you must be able to establish several key elements:

• Doctor-Patient Relationship: You must show that there was a doctor-patient relationship, which means the doctor agreed to be hired and to treat you. This is usually easy to prove.
• Negligence: You must demonstrate that the doctor was negligent in your diagnosis or treatment. Simply being unhappy with your treatment or results is not enough. You must prove that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have.
• Standard of Care: The law requires health care professionals adhere to certain medical standards recognized as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known as the “standard of care.” You’ll need to show the standard of care was not met.
• Causation: It's not enough that the doctor was negligent. The doctor's negligence must have caused your injury or harm. This means showing that your injury or harm would not have occurred without the doctor's negligence.
• Damages: You need to prove that you suffered damages as a result of the negligence. This can include physical pain, mental anguish, additional medical bills, and lost work or earning capacity.

To establish medical malpractice, it's essential to prove a breach of the duty of care. This refers to a healthcare provider's obligation to adhere to the established standard of medical care. In the context of misdiagnosis, you would need to demonstrate another competent doctor, in the same specialty and under similar circumstances, would have diagnosed your condition accurately. In addition to this, you must provide evidence that the misdiagnosis resulted in harm. For instance, if you were diagnosed with a condition less severe than what you had, causing a delay in the appropriate treatment and consequently worsening your condition, you may have a compelling case for medical malpractice.

Can You Sue an Emergency Room for Misdiagnosis?

Yes, you can sue an emergency room for misdiagnosis. Emergency rooms are often high-pressure environments where quick and accurate diagnoses are critical. However, despite the urgency, emergency room doctors and staff are still required to meet a standard of care in their diagnoses and treatments. When they fail to do so, resulting in harm to the patient, you may have grounds for a medical malpractice lawsuit.

Misdiagnosis cases are complex and require extensive investigation, including scrutinizing the process of diagnosis and the management of your case. Evaluating whether the standard of care was breached typically involves getting the opinion of another medical expert in the same field. That's why it's vital to have a misdiagnosis error attorney handle a case like this. To win your case, you'll need an attorney who has exceptional trial experience, investigative resources, and an existing network of medical professionals who can address what happened to you in court. Our firm has all three.

Holding Healthcare Providers Accountable for Misdiagnosis in Miami

Misdiagnosis errors aren't small mistakes. When it comes to breast cancer, lung cancer, pancreatic cancer, or melanoma, a timely diagnosis is the difference between life and death. When every second counts, a failure to diagnose is as fatal as manslaughter; that's why it's vital to hold doctors accountable for these mistakes. Not only do victims deserve to be compensated for the suffering and medical costs they endure, but claims against doctors make everyone safer.

If you're considering suing your doctor or hospital for misdiagnosis, don't wait. In Florida, the statute of limitations for medical misdiagnosis claims falls under the broader category of medical malpractice. Generally, you have two years from the date you discovered, or should have discovered with reasonable diligence, the injury caused by the misdiagnosis to file a claim.

Stewart Tilghman Fox Bianchi & Cain, P.A. is committed to helping you rebuild your life or get justice for a loved one. Medical care, funeral expenses, and pain and suffering can all be claimed in a misdiagnosis lawsuit. All it takes to begin is to call our firm for a free consultation. You'll be able to speak with an attorney about what happened and your options.

If you or a loved one has suffered harm due to a late, missed, or wrong diagnosis, speak with our Miami diagnosis error lawyers today. Call (305) 770-6335 or contact us online as soon as possible. Investigating misdiagnosis cases nationwide.