Misdiagnosis Lawyer in Orlando

Legal Support After a Wrong Diagnosis or a Failure to Diagnose

While most medical professionals are dutifully caring for patients and taking on heroic tasks for their community, there are unfortunately other doctors, nurses, and healthcare providers who have breached their duty of care to patients. At Law Offices of Michael Barszcz, M.D., J.D., our founding attorney is himself a medical doctor, and we are not in the business of hampering hospitals and health care providers with needless lawsuits. However, when a medical professional is negligent, we believe firmly in advocating for patients' rights and pushing for necessary changes in a healthcare facility.

If you or a loved one has suffered from a misdiagnosis, please don't hesitate to reach us at (407) 305-6088 or online to request a free, confidential consultation.

What Is Misdiagnosis?

Misdiagnosis occurs when a medical condition or illness is incorrectly identified or labeled by a healthcare professional.

This can happen for various reasons, including:

• Symptom similarity: Some conditions may present with similar symptoms, leading to confusion and misidentification.
• Incomplete information: Inadequate or incomplete medical history, physical examination, or diagnostic tests can lead to a misdiagnosis.
• Human error: Healthcare providers may make mistakes due to factors such as fatigue, distraction, or lack of experience.
• Rare conditions: Healthcare professionals may not consider rare diseases or conditions, leading them to overlook potential diagnoses.
• Bias: Preconceived notions or biases about certain conditions or patient demographics can influence diagnostic decision-making.
• Communication issues: Miscommunication between healthcare providers, patients, and specialists can lead to misunderstandings and misdiagnoses.

Misdiagnosis can have serious consequences, including delayed or inappropriate treatment, unnecessary procedures or medications, worsening of the condition, and emotional distress for the patient.

When Does a Misdiagnosis Count As Medical Malpractice?

Just as not every medical error is a result of negligence, not every instance of misdiagnosis will amount to medical malpractice. There are a few elements that have to be present in a case of misdiagnosis in order for it to be deemed malpractice.

These factors must be present in a misdiagnosis case in order to justify a malpractice lawsuit:

• An established doctor-patient relationship
• That the doctor or hospital did not meet the standard of care owed to the patient in giving the diagnosis
• The misdiagnosis led to the patient's harm

The Standard of Care in Misdiagnosis Cases

While the doctor-patient relationship is usually a clear thing to establish, it can be a trickier matter to determine what the expected standard of care should have been. Your misdiagnosis lawyer in Orlando will need to work with medical experts to demonstrate that a similarly qualified doctor would have arrived at the correct diagnosis in your case, but that your doctor deviated from reasonable expectations and procedures in performing their diagnosis. In other cases, a hospital may be liable for misdiagnosis, such as if lab errors meant that a test result was faulty.

As he is also a medical doctor, our Orlando misdiagnosis lawyer is uniquely positioned to determine whether there was a break away from the standard of care in your case.

Proving Actual Injury & Harm in a Misdiagnosis Case

A physician or hospital might commit a negligent error in misdiagnosing a patient or failing to diagnose them correctly, but if the error was caught before the patient suffered demonstrable harm, or if it never led to injury, then there are no grounds for a malpractice lawsuit.

In order for a medical professional's breach of duty to count as malpractice, the misdiagnosis must have led to some harm. This could mean that the patient didn't receive the treatment they actually needed until it was too late to prevent irreversible damage, or that required them to undergo and pay for additional surgeries and treatments. In some cases, it may be possible to prove that a missed diagnosis or failure to diagnose was the cause of a loved one's wrongful death.

Damages Available in a Misdiagnosis Claim

Your misdiagnosis attorney in Orlando may be able to help you recover damages such as:

• Medical bills you've already accrued
• Future expenses for related medical care
• Lost wages
• Loss of earning capacity
• Pain and suffering

At Law Offices of Michael Barszcz, M.D., J.D., we have recovered more than $120 million on behalf of our clients. Our legal experience combined with our medical knowledge enables us to build strong claims for clients who have suffered from medical malpractice such as a misdiagnosis.

Contact Our Orlando Misdiagnosis Attorney Today

Whether you received a wrong diagnosis or a dangerously delayed diagnosis, our law firm may be able to help you seek justice and fair compensation. Led by a trial-tested lawyer who is also equipped with medical expertise, we are uniquely qualified to help you assess your case and whether you have a strong medical malpractice claim. Start receiving the legal support and advice you deserve. Reach out to our misdiagnosis law firm before your opportunity to file a claim expires.

When the stakes are this high, make the right move by contacting our Orlando misdiagnosis lawyer. Call (407) 305-6088 for a free case review.