Orlando Medical Misdiagnosis Attorneys
When we are ill or injured, we trust medical professionals to provide us with advice and treatment that will help heal us. Unfortunately, that doesn’t always happen. In fact, one in 18, or an estimated 12 million Americans, suffer a diagnostic error each year in a primary care setting. One out of three misdiagnoses results in permanent damage or death, causing 40,000 to 80,000 deaths each year in hospitals alone.
Not only can a misdiagnosis leave the original injury or illness untreated, but it can also lead to a patient being prescribed the wrong medication or being subjected to unneeded surgical procedures. If you or a family member has suffered a misdiagnosis, that misdiagnosis may amount to medical malpractice. If so, the party (or parties) responsible for your misdiagnosis may be held accountable and required to compensate you for things such as lost income, physical injuries, and emotional trauma related to the misdiagnosis.
Because medical malpractice is a highly complex area of the law, it is imperative that you consult with an experienced Orlando medical misdiagnosis attorney right away if you believe that you or a loved one were misdiagnosed. The Orlando medical misdiagnosis attorneys at Bailey Fisher have dedicated their practice to helping injured victims and surviving loved ones. Because this is all we do, we have the experience and resources necessary to ensure that the negligent party (or parties) is held accountable, and that you are fairly and fully compensated for all your injuries. Contact the team at Bailey Fisher today by calling 407-628-2929 or submit our online form to find out how we can help you.
What Is a Misdiagnosis?
Doctors, specialists, and other healthcare professionals have a legal and ethical obligation to properly diagnose a patient. A misdiagnosis occurs when a healthcare professional inaccurately diagnoses a patient. In contrast to a failure to diagnose which occurs when no diagnosis is provided to the patient, a misdiagnosis happens when a diagnosis is provided; however, it is the wrong diagnosis.
Shockingly, misdiagnosis is far more common than most people realize. A report published by the U.S. Department of Health and Human Services’ Agency for Healthcare Research and Quality, estimated that 2.6 million people suffer harm that was preventable and another 370,000 are permanently disabled or die because of a misdiagnosis each year in emergency rooms across the United States. To put those numbers in perspective, that averages out to about 1,400 misdiagnosis errors a year for every emergency room throughout the country.
What Are Some Common Misdiagnosis Errors?
A misdiagnosis can occur at any point in the healthcare system and may be relatively benign or life-threatening. One study published in Diagnosis and conducted by Johns Hopkins University School of Medicine analyzed more than 55,000 malpractice claims from the Comparative Benchmarking System database and found that 74.1 percent were attributed to just three categories, including cancer (37.8%), vascular events (22.8%) and infection (13.5%). The report published by the U.S. Department of Health and Human Services listed the top five misdiagnosed conditions, accounting for 39 percent of all serious misdiagnosed-related harms, as:
- Myocardial infarction
- Aortic aneurysm/dissection
- Spinal cord compression/injury
- Venous thromboembolism
When Is a Misdiagnosis Medical Malpractice?
Doctors and other healthcare professionals are not expected to be perfect. They make honest mistakes; however, they are also held to a higher standard when evaluating and diagnosing patients because of their specialized training and experience. If a healthcare provider fails to uphold the applicable standard of care, that provider may be held liable for medical malpractice.
In the State of Florida, Florida Statute 766.102(1), sets forth the standard of care used to evaluate healthcare professionals, defining it as “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” In the context of a misdiagnosis claim, the standard of care asks whether another doctor (or healthcare provider) who had similar experience and education would have made the same misdiagnosis under the given set of circumstances.
To successfully pursue a misdiagnosis medical malpractice lawsuit an injured patient (or surviving family member) is typically required to provide expert testimony from a healthcare provider with similar training and experience. This is one of the many factors that make medical malpractice lawsuits more complicated than other personal injury cases, heightening the need to have an experienced Orlando medical misdiagnosis attorney on your side.
Am I Entitled to Compensation for My Orlando Misdiagnosis Medical Malpractice Lawsuit?
A misdiagnosis can result in considerable and often long-term pain and suffering for a victim. Not only is the original injury or illness not treated in a timely manner, but the “treatment” for the misdiagnosed injury or illness may cause additional injury or illness, up to and including death. Furthermore, the victim of a misdiagnosis may face financial losses because of the inability to work and may experience lasting emotional trauma. The loss is immeasurable for surviving family members of someone who was killed because of a misdiagnosis.
If you were misdiagnosed, or you lost a family member because of a misdiagnosis, you may be entitled to compensation in an Orlando misdiagnosis medical malpractice lawsuit. The Orlando medical misdiagnosis attorneys at Bailey Fisher are dedicated to identifying the party (or parties) responsible for a misdiagnosis and holding that party responsible. As the victim of a medical misdiagnosis, you may be entitled to compensation for:
- Doctor, hospital, and medical expenses. This may include past, ongoing, and estimated future medical expenses for doctors, hospital stays, surgeries, and medications.
- Lost income. If you were unable to work because of the misdiagnosis and/or are still unable to work, you may be able to recover the value of your lost wages.
- Rehabilitation. If you spent time in a rehabilitation facility and/or required outpatient therapy, in-home assistance, or other therapy services, you may be compensated for the cost of those services.
- Emotional trauma, pain, and suffering. Non-economic damages represent the subjective injuries you suffered including things such as physical pain, emotional trauma, disfigurement, and scarring.
If you are a surviving family member of someone who died because of a medical misdiagnosis, you may also be entitled to compensation for the financial and emotional impact of your loved one’s death.
How Can Orlando Medical Misdiagnosis Attorneys Help Me?
If you think you were misdiagnosed, or that a family member’s death was caused (in whole or in part) by a misdiagnosis, the responsible healthcare party (or parties) should be held accountable. Moreover, you may be entitled to compensation for your injuries or loss. Let the experienced Orlando medical misdiagnosis attorneys at Bailey Fisher review the facts and circumstances of your case and explain your legal options to you.
At Bailey Fisher, we have the dedication, experience, and resources needed to advocate and litigate on your behalf in an Orlando medical misdiagnosis lawsuit. We have seen first-hand the impact a healthcare provider’s misdiagnosis can have on a patient and the patient’s family, which is why we are committed to holding negligent healthcare providers accountable and helping injured patients and their families recover the maximum compensation possible.
Call us at 407-628-2929 or submit our online form today. One of our experienced Orlando medical misdiagnosis attorneys will evaluate your case for free and advise you on the next steps.