Table of Contents
Table of Contents
Time may or may not heal all wounds. Time definitely causes most of the medical misdiagnosis claims in Florida.
According to one study, doctors must work about 25 hours a day to give proper attention to each of their 2,500 patients, a standard patient load in most cases. Therefore, doctors clearly take lots of shortcuts. Gone are the days when doctors routinely researched difficult diagnosis questions or consulted with colleagues about them. There’s simply no time. Patient interaction is another shortcut. Most doctors listen to most patients for about seven seconds before they redirect or interrupt them. No one can obtain any meaningful information about patient symptoms in that amount of time.
In contrast, the diligent Port St. Lucie misdiagnosis lawyers at Freidin Brown, P.A. never take shortcuts. Instead, we take as much time as necessary to build your negligence claim from the ground up. This attention to detail and meticulous preparation is more time consuming at first. However, our diligence pays off for our clients, in the form of maximum compensation for their serious injuries. To us, such an outcome makes all the preparation worthwhile.
Duty of Care
Very few professionals in Florida have a fiduciary duty, which is the highest level of legal responsibility in the law. Doctors are among these professionals.
Under the law, many nonprofessionals, including most property owners, have some margin for error. Not every mistake is negligence, or a lack of care, even if that mistake causes injury. For example, if Ed spills a drink on the floor and Tom, who is following him, slips and falls on the wet spot, the property owner isn’t responsible for Tom’s damages. The owner couldn’t have known about the spill and cleaned it up that quickly.
A fiduciary duty is different. Doctors basically have no margin for error. That’s because they have extensive training, education, and experience. Their patients have almost none of these things. So, patients depend almost entirely on doctors for all their medical needs.
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Breach of Care
We mentioned lack of communication as a cause of medical negligence. Lack of information might be an even bigger cause.
Their fiduciary duty requires doctors to always order a full battery of diagnostic tests, even if they believe they know what’s wrong and even if they’re afraid the insurance company will not pay for the tests. Doctors cannot rely exclusively on their instincts in this area. They definitely cannot make financial gain more important than patient health and safety.
This duty also requires doctors, instead of nurses, patient care technicians, or other professionals, to interpret these results. Non-doctors are qualified to perform a wide range of medical tests. Interpreting diagnostic test results isn’t one of them. It does not matter how experienced the non-doctor may be.
Frequently, performing the proper tests and interpreting the results is the easy part. The hard part is often putting these results into practice. Many doctors are so experienced that they over-rely on their training. They dismiss diagnosis red flags and go with their guts. Once again, this behavior clearly violates the duty of care.
Damages in a medical negligence case usually include money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. A Port St. Lucie misdiagnosis lawyer can also obtain additional punitive damages in most of these cases.
You and your staff are simply the best. Jonathan I would like to say I proud of the manner in which you conducted yourself toward my family matter. You are my mentor and someone that I look up to. . . . I will always remember you and would highly recommend you to any family and friends. We appreciate everything you did for us. Staying with us. Being patient with us. And, most importantly believing in us. Our family will forever have a feeling of gratitude for all that you have done. I have tremendous respect and appreciation for Phil Freidin. He is a powerful and kind lawyer. He has proven to me that he genuinely cares about his clients; however, he is a force to be reckoned with in the conference and court rooms. Jonathan impressed me with his professionalism and expertise! Jonathan and Lizy handled my Medical Malpractice case with skill and secured a favorable outcome! They were responsive and kept me informed throughout my process. I highly recommend them to my Family and Friends! They were not even able to take on my case, but the person who did my intake and the lawyer I spoke to were incredibly validating, kind, and helpful. I appreciated the care and time they gave me even when I did not become a client. Jonathan, Phil, and the rest of the Freidin Brown attorneys were both professional and compassionate. They were always responsive to my family and me, and they have a deep dedication to their clients. I highly recommend the great lawyers at this firm! My experience with Freidin Brown was above my expectations. Philip Freidin took my case and settlement to finish line with amazing results. I highly recommend this Law Firm. Our family was referred to Freidin Brown by another attorney who could not handle our case and from day one we felt like we were in good hands. Johnathan Freidin was always available and willing to answer any questions we had. We are extremely happy with the results of our case and would recommend this team in a heartbeat. Had the pleasure of working with Andrew this year. He was very knowledgeable, but most importantly, he asked questions and listened to truly understand MY needs. Would definitely use this team again.
Count on a Dedicated St. Lucie County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Port St. Lucie misdiagnosis lawyer, contact Freidin Brown, P.A. Virtual, home, and hospital visits are available.
Frequently Asked Questions About Misdiagnosis
Our firm can answer FAQs about misdiagnosis cases in Port St. Lucie, including:
Can I sue if a nurse or technician in Port St. Lucie misread my test results?
While nurses and technicians are qualified to perform tests, Florida’s duty of care requires that a doctor interpret the results. If a non-doctor was left to analyze your MRI, biopsy, or blood work and missed a critical finding, the facility and the supervising physician may be held liable. A Port St. Lucie misdiagnosis lawyer can investigate the hospital’s internal process to see if unqualified staff were making decisions that should have been handled by a medical professional.
Is it actually malpractice if my doctor in Port St. Lucie just missed what was wrong with me?
In Florida, doctors have a fiduciary duty, which is the highest legal responsibility one person can have for another. While an ordinary person might be allowed a “margin for error,” a doctor basically has none when it comes to your health. In civil courts, this relationship is primarily litigated through a duty of care (medical malpractice) rather than a direct claim for “breach of fiduciary duty”. If a doctor took shortcuts or ignored “red flags” and your condition worsened, a Port St. Lucie misdiagnosis attorney can help you prove they breached this high duty of care.
How does a misdiagnosis lawyer at your firm prove that a “delayed diagnosis” caused me harm?
This is the “foundation” of your claim. We must prove that if the doctor had diagnosed you correctly at your first visit, your outcome would have been significantly better. Our Port St. Lucie misdiagnosis lawyers meticulously build these cases from the ground up by collecting all medical records and working with independent medical experts who can testify about what a competent doctor should have done. This attention to detail is time-consuming, but it is necessary to secure maximum compensation.
What kind of compensation can I get for a failure to diagnose cancer or a stroke in Port St. Lucie?
Victims of misdiagnosis are entitled to economic damages to cover the cost of the additional medical treatment required because of the misdiagnosis, as well as lost wages. You are also entitled to noneconomic damages for the pain, suffering, and loss of quality of life caused by the worsening of your disease. In cases where a doctor intentionally disregarded a known risk, our Port St. Lucie medical malpractice attorneys may also seek punitive damages to deter the facility from taking similar shortcuts in the future.
