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What is Florida Medical Negligence?

What is Florida Medical Negligence?

Shaked Law Firm explains the scope of Florida Medical Negligence, Malpractice, and Misdiagnosis, and the pain and suffering these errors cause patients.

When it comes to Florida Medical Negligence, it’s not always a surgical error or a visible, physical injury. In fact, this is not the number one cause for a medical malpractice claim. There are the rare instances where a surgical tool is left inside the patient’s body, or a surgeon performs a procedure they’re not familiar with. While these result in serious bodily injury to the patient, they are uncommon. However, it’s more likely if a patient chooses to pursue a medical malpractice claim, it’s due to Misdiagnosis.

Within this Shaked Law Firm article, we’ll explain Florida Medical Negligence. We’ll explore the pain and suffering these errors cause patients. We’ll also provide Personal Injury insight on the scope of Medical Malpractice. We’ll investigate how Misdiagnosis is another “invisible” area of Personal Injury law. Often, when a patient suffers a diagnostic error, it can become too late to seek the proper treatment.

What makes a case for Medical Negligence?

Diagnosing physicians are on the front lines of healthcare.
Diagnosing physicians are on the front lines of healthcare.

Diagnosing physicians are on the front lines of healthcare. Negligence is a liability for them. A diagnosing doctor can practice any specialty. Many times a primary care physician (“PCP”) will suspect illness and refer a patient to a specialist. We trust physicians to be thorough, provide expert care, and guide us toward the correct diagnosis so we can be restored to health. In cases of chronically ill patients (CRPS), patients rely on doctors to sustain their lives to the best of their abilities.

This is “duty of care” or “standard of care”.

Misdiagnosis is not as rare as it seems. In extreme cases, it leads to Wrongful Death!

How is Misdiagnosis a form of Medical Negligence?

There are no specific laws regulating handling of Misdiagnosis. However, cases of Misdiagnosis leading to Medical Negligence act as precedent. A Board Certified Civil Trial Lawyer will have access to one or more of these on hand to back the credibility of their case. Due to lack of regulation surrounding diagnostic errors, courts require specific criteria present during trial. This criteria assures a victim receives maximum compensation for pain and suffering.

A further award of damages (“punitive damages”) may also be possible for cases of Medical Malpractice, Medical Negligence, or Misdiagnosis. Some are a combination of all three.

What is the criteria for Florida Medical Negligence, Misdiagnosis, or Medical Malpractice?

A doctor-patient relationship. The patient must be seen by the doctor and have established a rapport with the physician. If the patient doesn’t like what they’re told (news about their health they’re not expecting) by the physician, there is more than likely little to no grounds for a lawsuit. However, if the patient went to the doctor to find out what’s wrong with them, only to become sicker while in their care, there be grounds for litigation. The latter is Negligence.

Misdiagnosis can quickly become a form of Medical Negligence. If a doctor refuses to acknowledge their error in judgement and correct it, it can lead to incorrect treatment. Worse, it can lead to a lack of treatment, leaving the patient to suffer much longer.
Misdiagnosis can quickly become a form of Medical Negligence. If a doctor refuses to acknowledge their error in judgement and correct it, it can lead to incorrect treatment. Worse, it can lead to a lack of treatment, leaving the patient to suffer much longer.

Physician Negligence. A doctor in a hurry is a doctor toeing the line of negligence. An exhausted doctor does not make the best candidate for understanding each patient’s needs. Negligence can occur when a doctor rushes through his or her time with the patient. This results in missing important details or ignoring the patient’s chief complaint. Over-prescribing of medication is another common problem that can result in a medical malpractice lawsuit.

The physician’s carelessness causes physical harm to the patient. Sometimes the physician ignores the patient or skips the details that could’ve lead them to correctly diagnosing the illness. In these cases, there may be grounds for a medical negligence lawsuit. In a case of misdiagnosis, carelessness is often a factor. Misinterpreting lab reports, failing to order correct imaging, or over prescribing medication can all be negligent actions. That’s because these things can lead to the patient receiving a Misdiagnosis. Receiving a diagnosis such as MS or Cancer, when that’s not what’s actually wrong is an act of Negligence on the part of the physician.

A Personal Injury perspective clients trust, since 2007

Misdiagnosis leads to unnecessary treatment and surgical procedures. However, there are times when Misdiagnosis leads to lack of lifesaving treatment.

Shaked Law Firm prides itself on justice, ethics, and credibility. Since establishing the firm in December 2007, Sagi Shaked provides a hands on approach to every case. Since 2018, we’ve been publishing the web’s best legal content to go hand-in-hand with our passionate, five star approach to Personal Injury Law. All from the perspective of a Personal Injury lawyer whose seen and tried it all, with highly endorsed success!

We treat clients, like family.

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