Fort Lauderdale Misdiagnosis/Delayed Diagnosis Attorney

When you turn to a health care provider with concerns about your well-being, you expect them to carefully evaluate all possible causes of your symptoms. Unfortunately, some providers make errors that result in an incorrect or delayed diagnosis, resulting in unnecessary harm to their patients. If you or a loved one suffered harm due to this type of medical error, a Fort Lauderdale misdiagnosis attorney at Freedland Harwin Valori Gander can help you pursue compensation. 

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

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An incorrect or delayed diagnosis is one of the most common medical errors, which can cause patients to suffer profound losses. At Freedland Harwin Valori Gander, we’ve represented medical malpractice victims and their families in Fort Lauderdale for over 20 years. During this time, we have recovered over $2.6 billion in settlements and verdicts for our clients, many of whom suffered harm due to misdiagnosis. 

If you suffered harm because a medical professional’s negligence caused a delay in your medical condition’s diagnosis, our Fort Lauderdale misdiagnosis attorneys are here to help. We can investigate the incident, outline your legal options, and guide you through each step of your journey to compensation and justice.

Fort Lauderdale Misdiagnosis Lawsuits

Discovering that you may have been a victim of medical malpractice can be a distressing experience. In the case of an incorrect or delayed diagnosis, the resulting lost time can cause further despair. In some instances, a misdiagnosis can wrongfully result in a person’s death. Knowing this tragedy could have been prevented may only compound your grief.

At Freedland Harwin Valori Gander, we’re here to lighten the burden of such an experience. If you believe that you or a loved one was injured or killed due to an incorrect or delayed diagnosis, it’s smart to seek a second opinion from a reputable health care provider so you can initiate proper treatment. 

Once you have attended to your immediate medical needs, we encourage you to promptly contact our attorneys for a free consultation. We can help you determine if you’re eligible to file a Fort Lauderdale misdiagnosis lawsuit and navigate your next steps.

Does Misdiagnosis Count as Medical Malpractice?

Medical malpractice occurs when a physician deviates from the accepted standard of care and causes an injury to the patient. If a doctor fails to act as another reasonable doctor would in the same situation and misdiagnoses their patient, resulting in harm to the patient, the misdiagnosis would likely constitute medical malpractice. 

This definition also means that not all misdiagnosis cases are considered malpractice. Healthcare providers may use their best judgment and follow established protocols but still make mistakes due to the intricacies of certain cases. Incomplete medical histories, rare medical conditions, and other limitations can make an accurate diagnosis more challenging, and a failure to diagnose a condition may still fall within the standard of care for a specific situation involving such factors. 

Despite this possibility, we still recommend seeking legal assistance if you believe you or a loved one was misdiagnosed. Experienced Fort Lauderdale misdiagnosis attorneys will perform a thorough investigation to distinguish malpractice from a genuine mistake.

How Long Do You Have To Sue for Misdiagnosis?

There is a strict time limit, known as the statute of limitations, to sue for misdiagnosis. Under Florida Statutes §95.11, the statute of limitations for most medical malpractice lawsuits is two years from the date the malpractice occurred. If you don’t file a lawsuit before the statute of limitations runs out, you may be unable to recover compensation for your losses.

Exceptions to the Statute of Limitations for Misdiagnosis

Some exceptions apply to Florida’s two-year statute of limitations for medical malpractice lawsuits. 

For example, suppose you discovered the link between the misdiagnosis and the resulting injury after the misdiagnosis occurred. In that case, the two-year countdown begins when you discovered or should have reasonably discovered the link. However, even in such a case, you have a maximum of four years from the misdiagnosis to file suit.

Types of Misdiagnosis and Delayed Diagnosis Our Fort Lauderdale Legal Team Handles

Nearly any type of medical condition can be subject to a misdiagnosis or a delayed diagnosis. The Fort Lauderdale misdiagnosis attorneys at Freedland Harwin Valori Gander handle a wide range of misdiagnosis cases, but a few types are especially common. 

Cancer Misdiagnosis

Nearly 40 percent of people will receive a cancer diagnosis at some point in their lives. Despite cancer’s staggering prevalence, missed cancer diagnoses, particularly those involving lung, colorectal, prostate, and breast cancers, are one of the most common types of primary care diagnostic errors. 

When a doctor fails to diagnose cancer, the disease is more likely to spread to other parts of the body before treatment begins. This occurrence worsens the patient’s prognosis and results in the need for costlier and more invasive treatments. 

A Fort Lauderdale woman recently experienced this situation when doctors misdiagnosed her breast cancer. She had undergone multiple mammograms and ultrasounds after finding a lump on her breast, but her doctors missed the cancer signs on her imaging. The woman continued to push for more testing and eventually was diagnosed with stage 4A metastatic breast cancer that had spread to her bones. As a result of the misdiagnosis, she will undergo treatment for the rest of her life. 

The lawyers at FHVG have handled numerous cases involving failure to diagnose breast cancer, we work with highly skilled and trained radiologists, pathologists and medical oncologists to assist with these cases.

Misdiagnosis and Delayed Diagnosis of Infections or Sepsis

Bacterial and viral infections require prompt diagnosis and treatment to prevent severe outcomes, including sepsis, which is an extreme reaction to an infection that can result in tissue damage, organ failure, or death without prompt treatment. Even in the absence of sepsis, infections can spread to other body parts and become more difficult to control when left untreated for extended periods. 

Misdiagnosis of Stroke or Heart Attack

Vascular events such as strokes, heart attacks, pulmonary embolisms, and brain hemorrhages pose an immediate threat to a patient’s life—every minute matters after symptoms arise. Effective emergency treatments are available, but they’re less likely to work the longer the patient waits for treatment. Unfortunately, doctors don’t always recognize the symptoms of vascular events during those critical early moments, which greatly reduces the patient’s recovery odds. 

Our lawyers have significant experience in handling cases involving failure to recognize and treat strokes. Many of these cases involve patients who presents to an emergency room with signs and symptoms of a stroke that are ignored or misdiagnosed by the healthcare providers.

Should You Hire a Fort Lauderdale Attorney Who Specializes in Medical Malpractice for Your Case?

You are not legally required to hire an attorney to file a lawsuit for delayed diagnosis. However, it’s in your best interest to work with an attorney specializing in medical malpractice if you’re considering legal action. 

An Attorney Can Maximize Your Compensation

Medical malpractice cases are inherently complex. Obtaining favorable case results requires a deep understanding of both medical standards and the intricacies of malpractice law. At Freedland Harwin Valori Gander, our attorneys specializing in medical malpractice have handled similar cases and understand the court system and processes. Relying on this experience can result in significantly more compensation than if you were to handle your case alone. 

Our Fort Lauderdale misdiagnosis attorneys also have access to expert witnesses, including third-party physicians, which can be another valuable asset to your case. These experts can explain the standard of care, how it was breached, and the resulting harm, all of which build the foundation of a strong malpractice case resulting in maximum compensation.

Hiring an Attorney Is More Affordable Than You Might Think

Many people avoid consulting a medical malpractice attorney because they are concerned about the potential cost of legal services. However, our attorneys work on a contingency fee basis. This approach means you don’t have to pay any upfront or out-of-pocket legal fees. 

Instead, our fees are contingent on your case’s outcome. We only receive a portion of your compensation if your case is successful. If we don’t recover compensation for you, you’ll pay nothing for our services. You have nothing to lose and everything to gain by working with our highly experienced and caring legal team. 

How Our Fort Lauderdale Medical Malpractice Attorneys Prove Misdiagnosis

When you turn to our Fort Lauderdale medical malpractice attorneys, we prove that your misdiagnosis qualifies as medical malpractice by:

  • Examining medical records: We’ll begin by thoroughly analyzing all medical records related to your misdiagnosed condition. These records may include diagnostic tests, physician notes, and treatment history.
  • Determining the standard of care: We will also collaborate closely with medical experts who specialize in the relevant field of medicine related to the misdiagnosis. Our team will work with these medical experts to determine the standard of care the physician should have provided. We’ll then compare the health care provider’s actions to this standard.
  • Establishing causation: Our attorneys will work to show a direct link between the misdiagnosis and your injury. Using expert testimony and medical evidence, we will demonstrate how the misdiagnosis led to delayed or incorrect treatment and how it ultimately worsened your condition.
  • Calculating damages: We will meticulously document the full extent of your damages from the misdiagnosis, including medical expenses, lost income, and pain and suffering.

Contact Our Fort Lauderdale Misdiagnosis and Delayed Diagnosis Attorneys Today

At Freedland Harwin Valori Gander, we are committed to helping individuals and families harmed by incorrect or delayed diagnoses get the compensation and justice they deserve. 

If you or a loved one suffered harm from a diagnostic error, we want to help you navigate this challenging time. Our Fort Lauderdale misdiagnosis attorneys can answer your questions, outline your legal options, and guide you through each step of your lawsuit.

We’re ready to put our 20+ years of experience to work for you. Get started on your case today with a free consultation anytime, anywhere.

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