A misdiagnosis can result in severe or worsening injuries and even wrongful death. When determining whether a misdiagnosis occurred, it is essential to consider the timeline of events. For example, claimants should take note of when they first see signs and symptoms that could be related to an underlying disease or whatever they were misdiagnosed with. They should also keep track of how long they were being treated by a particular physician, their follow-up schedule, their doctor’s recommendations, their date of diagnosis, and their damages.
Additionally, a skilled medical misdiagnosis attorney would want to find out what a patient is being treated for, where their treatment is taking place, what kind of course they have in medical treatment, and whether they have any permanent injuries. This is critical information to have when filing a Florida misdiagnosis case. For help with filing a claim, reach out to an experienced lawyer today.
Doctor and Patient Communication
The amount of communication that occurs between an individual and their doctor varies case to case. For example, patients may continue to see the doctor who misdiagnosed them because they do not realize that the physician failed to diagnose the injury, illness, or disease. Alternatively, a delayed cancer diagnosis might involve a situation where a patient’s doctor has completely missed the signs of cancer despite treating them for several years. Therefore, it is critical for patients and doctors to communicate with each other.
Investigating a Misdiagnosis Case
When a person is misdiagnosed, a knowledgeable lawyer would look at their date of diagnosis, how they were diagnosed, and the end result. What ends up happening to a patient, whether it be death or some sort of permanent injury, impacts the outcome of the litigation. The attorney would also examine a patient’s treatment records to see exactly what happened and whether there were any overlooked symptoms. For instance, a legal representative would be looking for evidence showing that a doctor clearly missed an illness or disease.
Mistakes to Avoid when Filing a Misdiagnosis Case in Florida
Some common mistakes people tend to make when filing a Florida misdiagnosis case include not being honest with their doctors about what they are experiencing or feeling as well as seeking treatment too late. For instance, those suffering from sepsis should get treatment as soon as possible to make a positive difference in their life.
Claimants should be aware of the statute of limitations and how it applies to late diagnosis cases. Filing a Florida misdiagnosis claim entails a four-year-long time limit to initiate a claim that begins when a doctor fails to diagnose or incorrectly diagnoses a condition. For example, a cervical cancer case could involve a misread Pap smear a year or two prior to an actual diagnosis. Even though a patient in these circumstances would learn about their misdiagnosis only after it took place, the negligence technically occurred on the day that the Pap smear was misinterpreted.
Additionally, discovering an injury later on could lead to limited compensation if a person does not act immediately. Harm that is not discovered until three years after it actually occurred leaves a lawyer with only one year to bring a lawsuit. Those concerned about whether they have enough time to file should consult a seasoned attorney about these crucial details to avoid missing deadlines.
How an Attorney Could Help With Filing a Claim
Florida law makes it difficult to bring medical negligence claims. Claimants must engage in a pre-suit period before they can file a Florida misdiagnosis claim. It is advisable to retain an attorney who is well-versed in medical negligence laws because these cases must comply with a statutory scheme that is rigorous and specific. Patients should act as soon as possible, especially in misdiagnosis cases. For help with filing a Florida misdiagnosis case, call today.
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