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 necessary treatments.

One of the worst mistakes that a medical practitioner could make in a health-related situation is delaying the diagnosis or misdiagnosing the patient since time is a significant factor in severe 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

Errors or delays in diagnosing are fundamental elements of many medical malpractice cases

One of the main elements of a medical malpractice claim is the burden to show that:

In other words, we have to show that you would have had a better outcome if the treating providers had done their job correctly. Even if nothing severe and life-threatening happens on the spot, delay in diagnosis can result in other similarly harmful complications. When a patient is misdiagnosed and 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 immediate treatment.

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

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.