Fort Myers Misdiagnosis Lawyer
With almost any injury, ailment, or other medical condition, a prompt, proper diagnosis is the foundation for a treatment strategy. Diagnosing a patient may involve numerous variables as physicians evaluate the symptoms to align them with known conditions, so it can be a challenging process. However, medical professionals are still held to a standard of care under Florida medical malpractice laws. If you were affected by misdiagnosis, you may be entitled to recover compensation for your losses.
Any med mal claim is complicated, but diagnosis errors can be among the most difficult to prove. To ensure you receive the monetary damages you deserve, legal help is critical. Our team at Freidin Brown, P.A. has in-depth knowledge of the laws, backed by decades of combined experience pursuing negligent health care providers. Please contact us to schedule a no-cost consultation. A Fort Myers misdiagnosis lawyer can explain details, but you may benefit from reviewing some basics.
Liability for Medical Diagnosis Errors
Like other personal injury cases, there are certain elements you must prove to recover compensation in a med mal claim. For misdiagnosis, you must have evidence showing that your physician deviated from the applicable standard of care when making diagnosis decisions. The standard of care is measured by what another health care provider, with the same level of skill and training, would have done under the circumstances. If there are differences in between the approaches of your doctor and the hypothetical physician, you may qualify to recover:
- Economic Damages: This type of compensation aims to reimburse you for the out-of-pocket, tangible losses related to your injuries. Examples include medical costs for treatment and lost wages.
- Noneconomic Damages: Some losses are less concrete, but you definitely suffer after a wrong, delayed, or failed diagnosis. Pain and suffering, scarring and disfigurement, and emotional distress are examples.
Steps in the Legal Process
Though you must have solid evidence to recover the compensation described above, it is also necessary to go through certain steps in the process. Our Fort Myers misdiagnosis attorneys at Freidin Brown, P.A. will provide essential legal support with:
- Pre-suit Requirements: The statute requires you to conduct an investigation to confirm that there are grounds for a med mal case. You can meet this requirement by getting a written opinion from a medical expert.
- Insurance Claims: The initial stage of a misdiagnosis case involves discussions with the provider’s med mal insurer, since many of these cases settle.
- Litigation: If the insurance company will not pay fair compensation, the next step is filing a lawsuit. Our attorneys have advanced trial advocacy skills to fight for your rights in court.
A Fort Myers Misdiagnosis Lawyer Will Guide You Through the Process
As you can see from this description, the legal requirements for a diagnosis errors claim are complicated. You put your rights at risk unless you retain skilled representation, so please contact Freidin Brown, P.A. to learn how we can assist with all critical tasks. We are happy to set up a free case assessment with a Fort Myers misdiagnosis attorney who can provide personalized advice.