A failure to diagnose claim is a malpractice lawsuit against healthcare providers for their negligence. It results from failing to accurately diagnose a patient’s medical condition despite the signs being present, which then leads to further harm or complications. It is essential to note that a physician failing to diagnose or misdiagnosing an illness does not always mean there was medical malpractice involved.
As a tenacious medical malpractice attorney can explain, the case must show the medical professional deviated outside of the standard of treatment, which caused them to make an error in diagnosis. A Sarasota failure to diagnose lawyer at Dannheisser Injury Law can help you understand your available options for pursuing a claim.
Some of the common illnesses and diseases leading to failure to diagnose claims include cancer, blood clots, heart disease, and meningitis. Examples of healthcare provider negligence in those cases include:
Without quick intervention, severe illnesses, such as cancer, can become life-threatening or fatal. A Sarasota failure to diagnose attorney can investigate whether the elements needed to prove liability are present and help a person collect the essential evidence.
The case must establish specific elements present to prove the medical professional is guilty of malpractice and collect damages, and they include:
There was a patient-doctor relationship, and the provider had a legal duty to provide the standard of professional care.
The physician failed to meet the acceptable standard and provide the treatment another doctor in the same or similar field would have given the patient.
This defines the connection between the doctor’s violation of legal obligation and the patient’s injuries.
The patient sustained verifiable injuries and financial losses because of the healthcare professional’s negligence.
With the help of a Sarasota attorney, the failure to diagnose case must show that the certified healthcare provider failed to give the patient the professional level of care that another physician would have. Further, their failure to diagnose caused the patient to sustain serious harm.
Federal and state laws require that certified healthcare providers provide patients with a professional standard of care when they treat them. Under Florida Revised Statutes § 766.102, the failure to diagnose claim must establish to the court that the negligent healthcare provider, also called the defendant, breached their legal duty to give each patient the accepted standard of professional care and that violation caused the failure to diagnose, which led to more harm.
Florida follows a pure comparative negligence doctrine for medical malpractice cases. Under the statute, the injured patient can recover damages from the negligent healthcare provider, even if the provider shares part of the responsibility for their injuries. In those cases, the court reduces the award for damages by the patient’s percentage of fault. A failure to diagnose lawyer in Sarasota can answer specific questions about the process and applicable statutes.
When you or someone you love sustained harm from a certified healthcare professional’s negligence, you must hold them legally and financially responsible. Civil laws protect the public by allowing you to pursue legal action and collect an award for damages from the liable party.
A Sarasota failure to diagnose lawyer at Dannheisser Injury Law can help you and advocate for you throughout the process. Call soon to schedule an appointment and learn more.
