Misdiagnosis is when a doctor fails to identify the actual medical problem that leads to incorrect treatment, delayed treatment, or no treatment at all. Misdiagnosis can be an acceptable mistake when the doctor goes through all of the appropriate procedures to identify what is wrong with the patient.

For example, despite using the well-accepted medical procedures to evaluate and come to a diagnosis, the condition may be so rare or the symptoms are so unique that the doctor could not be expected to be able to diagnose the problem. However, there is a level of liability that doctors must assume due to the fact that they have undergone extensive training.

With this in mind, if you have been misdiagnosed due to the negligence of a doctor, get in touch with a skilled medical malpractice lawyer who has experience handling misdiagnosis medical malpractice cases in West Palm Beach. A qualified West Palm Beach medical misdiagnosis lawyer can fight for a strong outcome on your behalf.

Liability in Misdiagnosis Cases

In medical misdiagnosis cases in West Palm Beach, the claim is that somebody came in with a medical problem and the doctor who should be trained to identify that problem and treat it failed to properly identify it or failed to properly treat it. To prove liability in that circumstance, the lawyer must show that the doctor, based on reasonable training, should have understood the problem and known how to treat it.

The most common form of misdiagnosis is the failure to treat cancer, or delaying the diagnosis of cancer. The second most common form of a misdiagnosis is a delay in the diagnosis and treatment of infections.

There is no difference in how liability changes between cases involving procedural errors as opposed to cases involving prescription errors or misdiagnosis. The elements the West Palm Beach misdiagnosis lawyer must prove might be different but the fundamentals are the same. The lawyer must establish that the doctor did something they should not have done or failed to do something that they should have done and the failure to act reasonably and provide the appropriate standard of care caused harm.

Mistakes to Avoid in West Palm Beach

The most common mistake that people make in misdiagnosis medical malpractice cases in West Palm Beach, is that they wait too long to consult a lawyer. There are time limits on when these suits and claims can be brought, and they are often quite short. It is important for a person to reach out to an experienced malpractice attorney quickly if they believe they were harmed through the negligence of a healthcare professional. The lawyer can explain the person’s rights and act appropriately to protect them.

Contacting a Misdiagnosis Attorney

Unfortunately, one of the most common things that lawyers hear from their clients is that after something bad happened, the doctor and the people at the hospital do not speak to them anymore. Rather than having open communication, the communication tends to shut down. In misdiagnosis cases, a West Palm Beach misdiagnosis lawyer can be instrumental in facilitating dialogue between you and your doctor. When looking for a medical malpractice attorney, you should be aware of the lawyer’s qualifications. The person needs to make sure they speak to somebody who has experience in medical malpractice cases and has a proven track record of success.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260