It’s More Common than You Think

When healthcare providers make errors in diagnosing a patient’s condition, the consequences can be life-altering or even deadly. Physicians must first create a differential diagnosis that is essentially a list of all potential illnesses or infirmities consistent with the patient’s complaints and clinical presentation. Then, by virtue of ordering additional diagnostics and examinations, physicians reduce the list by process of elimination to determine exactly what the patient is suffering from to properly treat and address the condition.

Medical malpractice encompasses various types of errors, including surgical, medication, and anesthesia mistakes. However, it’s worth noting that misdiagnosis accounts for a substantial portion of medical malpractice cases. Surprisingly, data reveals that an astounding 34% of catastrophic or fatal medical malpractice cases stem from a misdiagnosed medical condition.

Misdiagnosis can be a function of not properly considering all possibilities or it can be a function of mistakenly diagnosing the wrong condition. When misdiagnosing a patient is considered medical malpractice, having legal expertise by your side heavily increases your chances to receive justice.

When to Seek Legal Advice

In situations involving critical health issues, a delayed diagnosis, even by a few days, can significantly jeopardize your well-being. In Florida, you typically have two years from the date of the alleged medical malpractice or from when the injury was discovered (or should have been discovered) to file a lawsuit. There may be exceptions to the two-year rule in cases involving minors or cases where the healthcare provider fraudulently concealed the malpractice. That’s why it’s always a good idea to sit down with an expert lawyer, specialized in this area, who can review your case for free. It can be a dark and scary road. Learn how qualified and experienced attorneys can light the best path to recovery.

Managing Partner and expert trial lawyer Jeffrey “Jack” Gordon says, “Don’t allow yourself to be intimidated by the medical system. Speak up and advocate for your own well-being. If you, as a patient, sense that something is wrong, communicate it to your health-care providers. Although it’s important to trust your doctor or nurse, it’s just as important to listen to your body, use common sense, and be proactive.”

Florida’s Medical Malpractice laws provide robust protection to medical professionals. It requires skill, experience, and knowledge of medicine to pierce such legal insulation and to hold errant doctors and nurses accountable.

In 2006, Allan Navarro received a verdict from a Florida jury totaling $216.7 million for suffering brain damage due to medical professionals misdiagnosing symptoms resembling a stroke. Even though he informed the nursing staff about his family’s stroke history, the medical professionals diagnosed him with sinusitis and prescribed painkillers. The following day, Navarro had to undergo surgery to alleviate the swelling in his brain. He is wheelchair-bound to this day.

In 2019, another Florida jury awarded $33.8 million in damages to the mother of a baby born with severe brain damage. While in labor, the doctor allegedly instructed the nursing staff to use a medication at its maximum potency that endangered the baby’s blood supply. Despite warning signs, the doctor reportedly left the delivery room on multiple occasions, once to take a phone call from his stockbroker. He failed to perform a timely C-section, even as the birth prolonged and exhibited signs of severe complications. Later, Dr. Atogho had falsified the mother’s medical record, saying she had declined a C-section.

Floridian lawsuits like these have the potential to yield substantial financial compensation for the victims and their loved ones on their road to achieving justice. Some cases are resolved through extrajudicial settlements, while others proceed to trial, culminating in jury verdicts. Awarded damages frequently reach fair and significant amounts.

Taking Control of Your Case

If you ever find yourself uncomfortable with the diagnosis you’ve received, seeking a second opinion is a reasonable course of action. It’s essential to provide your doctor with a comprehensive list of the medications you’re taking and a detailed health history. If, despite having access to this information, your doctor negligently fails to conduct thorough research into your symptoms and history to make an accurate diagnosis, you may have grounds for a medical malpractice claim.

In preparation for taking legal action, maintaining a detailed record of your experiences and the deterioration of your health is crucial. Documenting the process can provide valuable evidence to support your case and ensure that those responsible are held accountable for their negligence. Given the complexities of Florida’s statute of limitations, it’s advisable to consult with an experienced medical malpractice attorney like those at MANEY | GORDON Trial Lawyers. If you suspect misdiagnosis or experience adverse effects of medical treatment, the earlier you speak with an expert medical malpractice attorney, the better.