Can I file a medical malpractice lawsuit for a misdiagnosis?

Misdiagnosis covers a broad range of medical errors that doctors can potentially commit during the diagnostic process. These include making a wrong diagnosis, failing to diagnose, delaying a diagnosis and not recognizing complications.

A misdiagnosis can have serious consequences for patients as they may end up receiving delayed treatment, no treatment or the wrong treatment. It may be possible to file a medical malpractice lawsuit against a negligent doctor in certain circumstances. If your doctor’s misdiagnosis led to medical complications or a harmful outcome, you may be able to file a lawsuit for damages such as medical expenses, lost wages and pain and suffering.

However, just because a doctor misdiagnoses an illness does not mean they are liable for medical malpractice. In order to have a medical malpractice claim for misdiagnosis under Florida law, you must prove that:

  • There was a doctor-patient relationship;
  • The doctor was negligent and failed to act competently in providing treatment and the expected standard of care;
  • The doctor’s misdiagnosis directly resulted in your injury.

If you suffered an injury due to a doctor’s misdiagnosis, discuss your case with the experienced Tampa medical malpractice lawyers at Joyce & Reyes.

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