For patients experiencing illness or injury, one of the most crucial steps on the path to healing is obtaining a proper diagnosis of their condition as early as possible. Without a timely and accurate diagnosis, patients may suffer a worsening of their condition, additional complications, or even death, which could potentially have been prevented with the right treatment. In these cases, patients may wonder if the doctors entrusted with their care may be liable for medical malpractice. As with many other questions of liability, the short answer is that it depends on the circumstances.
As one of the most common reasons for medical malpractice cases, misdiagnoses occur when a doctor recognizes that a patient has a medical condition, but incorrectly identifies what it is. For example, a patient who complains of chest discomfort may be wrongly diagnosed with a gastric condition when they are actually experiencing a heart attack.
Delayed diagnosis, on the other hand, is when the doctor eventually arrives at the right diagnosis, but only after a significant delay. Without the delay, the patient may have been able to receive timely treatment that could have prevented unnecessary suffering or worsening of their condition.
Neither misdiagnosis nor delayed diagnosis automatically constitutes malpractice; given the complexities of the human body, even highly competent medical professionals can fall victim to these errors under certain circumstances. To successfully establish a malpractice claim, plaintiffs must prove the following three elements:
Whether due to misdiagnosis, delayed diagnosis, or another cause, medical malpractice cases are among the most complex types of personal injury cases. Therefore, successfully establishing a malpractice claim requires the assistance of an attorney with significant experience in this field.
At Leighton Panoff Law, our team has been representing victims of medical errors for over 35 years, and we have won some of the largest medical malpractice verdicts in Florida history—including a record-setting $24 million verdict. Attorney John Leighton is a charter member of the Cooperative Association of Medical Malpractice Attorneys and regularly teaches other attorneys how to handle these types of cases. He has written articles and delivered lectures on litigating and trying malpractice cases throughout the United States. He has been selected for The Best Lawyers in America for Medical Malpractice and is a board certified trial specialist by the Florida Bar.
If you or a loved one has suffered harm due to a medical misdiagnosis or delayed diagnosis, the time to act is now—call us at 888.988.1774 to schedule a consultation.
A misdiagnosis occurs when a healthcare provider identifies a patient’s condition incorrectly, potentially leading to inappropriate or harmful treatment. For instance, if a heart attack is misdiagnosed as indigestion, the delay in proper care can worsen the patient’s outcome. While not every misdiagnosis is considered medical malpractice, it may rise to that level if the provider failed to meet the standard of care expected in similar circumstances. A seasoned attorney can help evaluate whether a misdiagnosis constitutes grounds for a malpractice claim.
A delayed diagnosis becomes potential malpractice when a healthcare provider fails to identify a condition in a timely manner, resulting in a progression of the illness or increased harm. The key element is whether a reasonably competent provider would have made the correct diagnosis sooner under similar conditions. If earlier diagnosis and treatment could have prevented complications, the delay may be grounds for a malpractice case, particularly if the delay had a measurable impact on the patient’s health.
To prove that a misdiagnosis or delayed diagnosis led to harm, you must show that the delay or error directly contributed to the worsening of your condition. This typically involves demonstrating that, with a timely and correct diagnosis, your treatment would have been more effective or less invasive. Expert testimony is often necessary to establish how the condition progressed due to the doctor’s negligence and to explain how the standard of care was not met.
Yes, even competent doctors can be held liable if their actions deviated from the standard of care expected in their specialty. A common method for evaluating diagnostic errors is examining the provider’s use of differential diagnosis—the process of listing and eliminating potential conditions. If a doctor failed to include the correct condition on the list or ignored the need for further tests, they may be found negligent despite otherwise appearing competent.
Expert witnesses are crucial in misdiagnosis and delayed diagnosis malpractice cases. They help establish what a reasonably skilled and competent doctor would have done under similar circumstances. These experts review the defendant’s diagnostic methods and testify about whether proper protocols—such as differential diagnosis and follow-up testing—were followed. Their insights can make or break a case by clarifying complex medical issues for judges and juries.
In Florida, the statute of limitations for medical malpractice claims is generally two years from the date the injury was discovered or reasonably should have been discovered. However, specific circumstances—like those involving delayed diagnosis—can affect deadlines. Because timing is critical, it’s essential to contact an experienced malpractice attorney as soon as you suspect a diagnostic error has caused harm.
Leighton Panoff Law has over 35 years of experience handling complex medical malpractice claims, including misdiagnosis and delayed diagnosis cases. Our team has achieved some of the largest verdicts in Florida history, including a record-setting $24 million award. Founding attorney John Leighton is a board certified trial specialist and a nationally recognized authority on medical malpractice litigation. When your health and future are on the line, you need a firm with the skill, experience, and resources to win your case.
A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite