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Can Delayed Diagnosis Or Misdiagnosis Be Considered Medical Malpractice in Miami?

Delayed diagnosis or misdiagnosis are extreme risks because time is a major factor in severe health-related cases. Timely and correct diagnosis is critical to saving the patient, together with quick action towards prescribing immediate treatments necessary.

Absolutely. One of the worst mistakes that a medical practitioner could make in a health-related case is to delay the diagnosis or to misdiagnose the patient. This is because time is a major factor in serious cases. 

If your actual condition exists because your doctor failed to diagnose you correctly or delayed your diagnostic, your case could be a malpractice one.

For example, in the case of appendicitis, delayed diagnosis can even lead to death. Acting at the right time is critical for any patient. If you were negligently treated, you have the right to sue.

An error in diagnosis may lead to:

  • incorrect treatment
  • delayed treatment
  • lack of treatment

One of the main elements of a medical malpractice claim is the burden to show that the misdiagnosis caused or contributed to the worsening of the outcome and that the delay in the diagnosis also made a difference. In other words, we have to show that you would have had a better outcome if the treating providers had done their job properly.

Even if nothing severe and life-threatening happens on the spot, delay in diagnosis can result in other similarly bad complications. When a patient is misdiagnosed and is sent back home, the chances are that they will be readmitted. Unfortunately, in many cases, it may be too late to undo the resulted harm.

The reason timely diagnosis is critical is that the patient needs to receive treatment very fast.

In Miami, Florida if you or your loved one were a victim of misdiagnosis or delayed diagnosis you can sue for damages. The statute of limitations for Florida medical malpractice claims is two years from the date on which you discovered that you were a victim of misdiagnosing or delayed diagnosis. The Miami based Law Offices of Sean M. Cleary is here for you, to help you understand the process of your claim.

For questions and free legal advice to help individuals please call us

305.416.9805
Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.