Can I File a Medical Malpractice Lawsuit for a Misdiagnosis?
If your doctor misdiagnosed your ailment or illness, you might be wondering whether you can file a lawsuit for an incorrect diagnosis. The answer to that question is complicated. But a West Palm Beach medical malpractice attorney can help.
In Florida, a misdiagnosis alone isn’t enough for a medical malpractice case. Many factors must be in place for your case to be successful.
A medical malpractice attorney from the Law Offices of Casey D. Shomo can evaluate your claim to determine whether you have a case. We will analyze the details of your particular situation to ensure that all the necessary elements for malpractice cases are in place.
What Factors Must Be in Place?
A mistake on the part of your medical professional does not necessarily mean you have a malpractice case on your hands. It must be proven that your doctor failed you in the “standard of care” as required by the state of Florida, as well as that his or her mistake directly caused your health to take a turn for the worse.
Below are the four factors that must be in place for you to successfully file a lawsuit against your doctor for a wrong diagnosis:
- You must prove that there was a professional doctor-patient relationship between the you and your health care provider.
- There must have been some kind of failure in the standard of care that your doctor provided to you, representing a breach in the doctor-patient contract.
- You must prove that, because of your doctor’s mistake, you suffered a medical injury.
- Damages must have resulted from the medical injury you suffered due to your medical professional’s negligence.
For example, your doctor might have failed to diagnose cancer. While you were being treated for something else, you lost valuable cancer treatment time, which has put your health at risk.
Need to File a Medical Malpractice Lawsuit?
We don’t expect you to know everything about medical malpractice, but if you believe you have a viable medical malpractice lawsuit, get in touch with a medical malpractice lawyer at the Law Offices of Casey D. Shomo by calling 561-659-6366 or filling out the online contact form below. We can handle the tricky legal details and maximize your claim for compensation.