Coronavirus (COVID-19) Update: We are fully operational and remote, we are available over the phone 8am-5pm Monday-Friday, available over email and able to provide services to our existing and future clients. More FAQs »

Mon-Fri 8AM-5PM
English or Spanish

305.416.9805

Is Delay in Diagnosis/ Treatment or Medication Error Considered Malpractice?

Medical malpractice includes conditions caused by delayed administration of treatment/ medication and delayed diagnosis. Acting at the right time is critical in many cases, and failure to do so can cause injury and even death. If you were negligently treated, you have the right to sue.

Absolutely. 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.

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.


A medical error exists when the doctor delayed administering the right treatment/ medication for your condition, and it led to its worsening. This can be considered a malpractice case. There are many such cases in which patients got the wrong treatment due to misinterpretation of the laboratory results, the wrong medication aggravating their condition. Also, administering the wrong drugs could affect other organs, especially the liver.

You have a case if the delays in medication administration fall below the standard of care. Also, we will need a medical professional to testify that the delay is malpractice and it harmed you.

Medical or Pharmacy Malpractice

It may be unclear whether a medication injury is medical malpractice or pharmacy malpractice. The Florida Medical Malpractice Act (FMMA) regulates certain situations while others are covered by the Florida Pharmacy Act (FPA) and other laws. The term “dispensing” of medicine plays an important role in the answer. Dispensing of one or more doses of a medicinal drug in a harmful manner is covered under the FPA and not covered by the FMMA.

Prescription drug recalls have become far too common in the United States, with more than 100 drug recalls occurring from 2016 to 2017. Each of these drugs removed from the market could have caused hundreds of thousands of patients to experience severe side effects such as congenital disabilities, potentially fatal blood-clotting problems, strokes, heart attacks, or death.

In Florida, many calls to the poison control center now involve common side effects of medicine. Each year in the United States, more than 1 million individuals require hospital emergency department visits for adverse drug events. The use of a recalled medication, depending on the recalled reason, may result in physical harm. Please check FDA's recalls, market withdrawals & safety alerts page before you start taking medication. Unsafe medication can cause:

Prescription Drugs Injuries

According to drugwatch.com, even though prescription drugs are supposed to undergo stringent testing and clinical trials, federal drug regulators allow a level of side effects. Most side effects differ on an individual basis, depending on the patient’s disease, dosage, age, gender, ethnicity, weight, and overall health.

People hurt by the use of dangerous prescription drugs have filed product liability suits against various pharmaceutical companies. As some of the largest companies in the world, pharmaceutical companies have many attorneys working on their side and aggressive techniques to protect their profits and products.

Our resourceful and experienced principal lawyer will determine the strength of your case, define potentially responsible parties, and understand the issues with your medicinal regimen. The Law Offices of Sean M. Cleary has represented clients injured by defective drugs throughout the state of Florida.

Side effects can also be caused by:

  • Wrong dosage
  • Wrong medicine
  • Expired medicine
  • Failure to recognize contraindication errors
  • Failure to monitor medication use

To learn whether you have a valid claim for damages after being injured by a prescription drug in Florida, contact The Law Offices of Sean M. Cleary, a Miami based personal injury law firm. Legal restrictions limit the time in which you can file your claim. Contact us today to protect your right to recovery before legal deadlines expire.

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.