Failure to Diagnose

Call this Fort Lauderdale Failure to Diagnose/Delayed Diagnose/Misdiagnosis Lawyer when you need help. A failure to diagnose case results when you see your doctor with a condition, the doctor fails to notice the condition, and the condition becomes worse as a result. For example, failure to diagnose cases include cases of infections. Infections are typically progressive. This means that infections typically become worse with time. If you see your doctor with an infection, the doctor fails to notice it for whatever reason, and the infection becomes worse as a result – then your doctor may be held liable for whatever results ensue.

Your doctor would be held to the “standard of care” of a reasonable doctor. This means that your doctor will be expected to treat you at least as well as a reasonable doctor. If a reasonable doctor would have caught your infection but your doctor didn’t, then you doctor will be held responsible for the consequences.

If left untreated, infections can result in sepsis. Sepsis is a state in which the body begins to attack its own organs. This can result in organ failure and even death.

Septic shock is a condition in which the sepsis becomes so bad that the body’s blood pressure begins to drop.

If your loved one tragically passed away as a result of a doctor’s negligence, then you may be able to pursue a medical malpractice wrongful death case against the doctor. In a medical malpractice wrongful death case, a personal representative of your loved one’s estate will be appointed (usually a family member or relative). The proceeds from the case will then go to your loved one’s survivors (i.e., the “beneficiaries” of the estate).

Call Mr. Quackenbush at 954-448-7288 for a free, no obligation consultion if you’ve been the victim of a misdiagnosis occurring anyplace in the State of Florida (including Fort Lauderdale and West Palm Beach). Mr. Quackenbush will talk to you about your case for free.

Mr. Quackenbush will work on a contingency basis. This indicates that there is no risk to you as Mr. Quackenbush will not get paid until you’ve made a recovery in your case.

Cancer is another condition that may be frequently misdiagnosed. Like infections, cancer is typically progressive. This means that the cancer will typically become worse with time. If you presented to your doctor with active cancer, the doctor missed the cancer, and the condition became worse as a result – then you may be able to pursue a failure-to-diagnose cancer case against the doctor.

Breast cancer is one type of cancer that is frequently misdiagnosed. Doctors are supposed to regularly examine women to check for breast cancer. If a doctor misses breast cancer and the condition becomes worse as a result, then the doctor may be held responsible for the worsening condition. For example, if a doctor misses a lump in a woman’s breast, the doctor may be held liable for the results.

Doctors typically use “diagnostic studies” (such as MRI’s, CT scans, and X-rays) to diagnose certain conditions. If your doctor missed your condition or disease on a diagnostic study and the condition became worse as a result, then you may be able to pursue a delayed diagnosis case against the doctor.

If the doctor who missed the diagnosis on the diagnostic study was a radiologist, then you may have a radiological malpractice case.

Doctors also frequently use laboratory tests (blood tests, urine tests, etc.) to diagnose certain conditions. If you doctor missed a result from a lab test, then you may be able to pursue a failure to diagnose case against the doctor.

Sometimes laboratory techs are responsible for reading lab results. If the lab tech is the one who missed the condition on the results, then you may have a medical malpractice case against the lab tech him or herself.

In a misdiagnosis case, defense attorneys frequently argue that, even if you condition had been correctly diagnosed originally, there would have been nothing that could have been done to stop the progression of the disease. For example, perhaps the condition was already so established that it would have gotten worse even if your doctor noticed it in the first place. As such, in order to pursue a successful delayed diagnosis case, it will be necessary that you prove that, had your doctor diagnosed you correctly initially, there would have been some treatment that could have made you better (or at least halted the progression of the disease).

Mr. Quackenbush will most likely hire other doctors as expert witnesses to testify in your case. These expert witnesses sign sworn affidavits that your treating doctors committed malpractice. In fact, this is required in order to pursue a medical malpractice case. In addition, if your case goes to trial, then these expert witnesses will testify for you in court.

A misdiagnosis case is different from a failure to diagnose or delayed-diagnosis case. In a misdiagnosis case, your doctor actually gives you a diagnosis that is incorrect. If the wrong diagnosis causes the doctor to give you treatment that is unnecessary and actually causes you harm (i.e., injuries), then you may be able to pursue a misdiagnosis case against that doctor.

If the misdiagnosis and incorrect treatment causes the tragic death of your loved one, then you may be able to pursue a wrongful death medical malpractice case against the doctor that did the misdiagnosis. However, there are various restrictions that go along with a medical malpractice wrongful death case, so it is best to contact a medical malpractice attorney as soon as possible.

One thing that is crucial to know is that the statute of limitations for a medical malpractice case is two-years. This means that, from the date of the malpractice, you have two-years to file a lawsuit. However, you should act as quickly as possible. There is a lot that needs to be done before the actual filing of the lawsuit.

Mr. Quackenbush will work on contingency should you hire him as your lawyer. This means that Mr. Quackenbush won’t get paid until you’ve made a recovery in your case, so there is no risk to you.

Should you be the victim of misdiagnosis occurring anyplace in the State of Florida, contact Mr. Quackenbush at 954-448-7288 for a free, no obligation consultation. Mr. Quackebush will discuss with your all parts of your case at no charge.