When Doctors Get It Wrong or Get It Late: Understanding Diagnostic Errors

We rely on doctors to recognize serious conditions quickly, but sometimes they get it wrong or get it late. A missed or delayed diagnosis can turn a manageable health issue into a life-altering event. Each year, diagnostic errors affect millions of Americans, often leading to unnecessary procedures, prolonged suffering, or even death. If you’ve been harmed by a misdiagnosis or delayed care, speaking with a qualified medical malpractice attorney in Miami, FL from OneCallLegal.com may help you understand your rights and evaluate whether you have a claim.

Two Types of Diagnostic Errors

Diagnostic errors generally fall into two categories: misdiagnosis and delayed diagnosis. Misdiagnosis occurs when a doctor identifies the wrong condition, which can result in treatment that does nothing to address the real problem. Delayed diagnosis happens when the correct condition is identified, but too late to prevent harm. According to the National Academies of Sciences, Engineering, and Medicine, diagnostic errors affect about 12 million adults in the United States each year. Medical liability lawyers know that understanding which type of error occurred is essential for evaluating potential liability.

Why Causation Matters

Not every mistake amounts to malpractice. To hold a healthcare provider accountable, causation must be proven. This means showing that the error directly caused injury that could have been avoided with proper care. Negligence medical lawyers often review medical records, test results, and treatment timelines to establish whether an earlier or correct diagnosis would likely have prevented harm.. Courts require clear evidence connecting the error to the patient’s damages before awarding compensation.

Timing and Claim Viability

The timing of a diagnosis can significantly impact the success of a case. Medical liability attorneys emphasize that statutes of limitations vary by state. Under Florida Statutes § 95.11(4)(b), patients generally have two years from the date the injury was discovered (or should have been discovered with due diligence) to file a claim, but no later than four years after the alleged incident. Florida law also requires a pre-suit investigation and a medical expert affidavit before filing a malpractice complaint, as set forth in Fla. Stat. § 766.106.

Measuring the Impact of Diagnostic Errors

Diagnostic errors can cause significant physical, emotional, and financial harm. A medical injury attorney works to account for prolonged suffering, additional medical bills, lost income, and emotional distress. Research published in the Journal of the American Medical Association indicates that diagnostic errors contribute to roughly 10 percent of patient deaths in hospitals, demonstrating how critical accurate and timely diagnosis is for patient safety.

Understanding Your Rights After a Misdiagnosis

What counts as a diagnostic error?

A diagnostic error occurs when a condition is misdiagnosed or when the correct diagnosis is delayed, resulting in harm.

Do I have a case if I was eventually diagnosed correctly?

Possibly. If the delay worsened your condition or caused additional harm, a medical accident lawyer can evaluate your situation.

How long do I have to file a medical malpractice claim in Florida?

Generally, you have two years from discovery, but no more than four years from the incident. Certain exceptions may extend this period in cases involving fraud or concealment.

What damages can I claim in a diagnostic error case?

Damages may include medical bills, lost wages, pain and suffering, and emotional distress caused by the error.

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If you or a loved one has suffered from a diagnostic error, our team is ready to help. We are a medical malpractice law firm with over 20 years of experience in medical malpractice cases. We offer free initial consultations, flexible financing options, and 24/7 availability.

Call us now to speak with a medical malpractice attorney.