Medical malpractice is a serious problem in healthcare in Florida and all across the United States. In fact, the problem is so dire and urgent that more than 250,000 American dies from medical errors, delay in diagnosis, and misdiagnosis every year.
Contrary to the popular belief, an error or delay in diagnosis can be just as deadly as a negligent medical professional making a surgical error such as leaving a foreign object in a human body or puncturing an organ during a surgery.
You can encounter the failure to order the proper testing in a timely manner, delays in diagnosis, misdiagnosis, and inability to read test results accurately on the part of healthcare providers after an accident when seeking medical attention or receiving treatment in Cooper City or elsewhere in Florida.
All these factors can become a basis for a medical malpractice claim, says our Cooper City medical malpractice attorney from the Law Offices of Bradley Hartman.
Can you sue for inaccurate diagnosis or delay in diagnosis?
Determining whether or not you have a medical malpractice case if you were injured as a result of a doctor’s negligent actions, recklessness, or omission to act, can be done through seeking an opinion from an independent and qualified medical professional in the same medical field.
Under medical malpractice laws in Florida, you can sue a negligent healthcare provider for his or her medical errors or misdiagnosis only if you can prove that the doctor failed to adhere to the high standard of care. In other words, if another medical professional would have done things differently to prevent your injury, then you have a case. If, on the other hand, another competent doctor concludes that he or she would have done the same thing and the injury could not have been prevented through reasonable and prudent care, then you do will most likely not be able to prove that your doctor was negligent.
However, you can still seek the opinion of a third medical professional. Here at the Law Offices of Bradley Hartman, we retain qualified medical professionals who will give you their opinion, under oath, in an affidavit and, if necessary, testify in court regarding your case.
Delays in diagnosis and misdiagnosis & medical malpractice in Florida
Errors and delays in diagnosis and misdiagnosis can result in severe injuries or even death, which is why doctors, physicians, and other medical professionals whose negligent actions or omission to act caused your injuries must be held accountable for their avoidable and preventable mistakes.
There are standards and accepted practices that must be followed by all medical professionals in Cooper City and elsewhere in Florida, and failure to adhere to these standards and practices is a serious violation of law. However, even if you can prove that your doctor did something wrong or provided you with inaccurate diagnosis, you may not be able to recover damages if you fail to prove that his/her medical malpractice caused or contributed to the claimed damages.
There are many other factors that may prevent you from recovering the damages that you suffered as a result of medical malpractice, including but not limited to the statute of limitations and being unable to bring a wrongful death claim caused by medical malpractice if there are no statutory survivors (under Florida’s laws, surviving family members cannot sue negligent medical providers for the death of their loved one if there is no surviving spouse and/or children under 25).
Consult with our Cooper City medical malpractice attorney at the Law Offices of Bradley Hartman to talk about your particular case. Let us help you navigate the legal issues while you focus on your recovery. Call our offices at 954-438-1000 or fill out this contact form to get a free consultation now.