When medical professionals fail to accurately diagnose an illness, a patient may be deprived of the most beneficial methods of treatment. A failure to diagnose often means that the victims are frequently powerless to avoid the most adverse outcomes.
Fewer medical malpractice cases are as complicated as those involving a failure to diagnose. Attorneys must conduct extremely thorough investigations that involve extensive reviews of medical records and consultation with several experts.
Did your doctor fail to accurately diagnose your medical condition or did your loved one die because of a diagnosis error? The Law Offices of James B. Coulter represents clients on a contingency fee basis, which means we front all the costs of investigating and developing these types of malpractice cases.
We serve multiple communities in Central Florida, such as Lake Washington, Mims, Melbourne Beach, Viera, Satellite Beach, Indian Harbour Beach, Cocoa Beach, Titusville, Rockledge, and Palm Bay.
Call to receive a completely free initial consultation that will allow our attorney to evaluate and discuss your case. Call (321) 586-9944 today or send us an online message today.
Medical professionals can make many different kinds of mistakes that lead to incorrect diagnoses. Diagnosis errors typically result in one of three types of claims:
An injury caused by a diagnosis error must be proven by the same standards that generally apply to all medical malpractice cases. In order for a victim to hold a medical professional accountable, he or she will need to prove these four aspects of negligence:
Every diagnosis error case is different. While certain cases share the same medical conditions, there is frequently a multitude of additional factors with unique circumstances.
Medical diagnosis errors may lead to certain illnesses being discovered later on or other outcomes because of conditions not being properly diagnosed. Some of the most common medical issues involved in failure to diagnose lawsuits may involve, but are not limited to the following:
In order for a physician to be liable in these types of cases, it needs to be proven that he or she acted negligently. When a patient suffers harm because of a diagnosis error, there may be any number of possible actions of failures by the doctor that can be used to prove a breach of duty.
Some of the most common reasons for a failure to diagnose include, but are not limited to the following:
Estate of Michelle Evette McCall v. United States of America — In 2003, then Florida Governor Jeb Bush signed a law that imposed caps on noneconomic damages in medical malpractice cases which varied depending on the numbers of claimants and the types of defendants in lawsuits. The family of 20-year-old Michelle McCall filed a lawsuit against the United States under the Federal Tort Claims Act after McCall bled to death following a cesarean section during the birth of her son at Eglin Air Force Base in Florida. The family was awarded $2 million in noneconomic damages after trial ($500,000 for her son and $750,000 for each of her parents), but the total award was reduced to $1 million because of the law. In this 5-2 decision delivered on March 13, 2014, the Florida Supreme Court found the statutory damages cap to be unconstitutional because it violates the Equal Protection Clause of the Florida Constitution.
Diagnostic Errors More Common, Costly And Harmful Than Treatment Mistakes — This April 23, 2013, Johns Hopkins University School of Medicine press release discusses a study led by associate professor of neurology Dr. David E. Newman-Toker. He and his colleagues reviewed 25 years of medical malpractice claim payouts between 1986 and 2010 with diagnosis-related payments amounting to $38.8 billion in that time. They found that as many as 160,000 patients suffer permanent disabilities from misdiagnoses every year. The study was published the day before this press release in the international journal of healthcare improvement BMJ Quality & Safety.
If you or your loved one have been the victim of a failure to diagnose, delayed diagnosis, or misdiagnosis, you could be entitled to compensation for the harm the diagnosis error caused. The Law Offices of James B. Coulter helps clients throughout Central Florida with all sorts of medical malpractice cases, including communities in Osceola County, Indian River County, Seminole County, Volusia County, Orange County, and Brevard County.
James Coulter is a personal injury attorney who has firsthand experience with the difficulty of dealing with insurance companies following an accident after he was injured in a commercial truck crash. He can provide an honest and complete evaluation of your case to help you understand your legal options when you call (321) 586-9944 or send us an online message.