Can You Sue a Doctor for a Wrong Diagnosis in Plantation, Florida?

You went to the doctor because something was wrong. You trusted the diagnosis, followed the recommended treatment plan, and expected your health to improve. Instead, your symptoms continued or worsened. Maybe a second opinion finally revealed that you had a different condition all along, and valuable time was lost before you received the medical care you actually needed.

Can you sue a doctor for a wrong diagnosis? In Florida, you may have grounds for a medical malpractice claim if a doctor’s diagnostic error fell below the prevailing professional standard of care and caused you harm. A wrong diagnosis alone does not establish medical malpractice. The question is whether a reasonably prudent similar healthcare provider would have acted differently under the circumstances and whether the error caused an injury or made your condition worse.

Florida also has specific requirements that must be completed before a medical malpractice lawsuit can be filed. If you believe a doctor in Plantation or elsewhere in South Florida failed to diagnose your condition correctly, knowing what separates an unfortunate diagnostic mistake from medical negligence can help you decide what to do next.

At a Glance

• A wrong diagnosis can support a medical malpractice claim when a doctor fails to meet Florida’s prevailing professional standard of care and the failure causes harm.
• Misdiagnosis, delayed diagnosis, and failure to diagnose are different types of diagnostic errors that may be considered medical malpractice under the right circumstances.
• A patient must establish a connection between the doctor’s negligence and an injury, such as disease progression, unnecessary treatment, additional medical bills, or lost wages.
• Florida requires a presuit investigation and notice to prospective defendants before a medical malpractice lawsuit can be filed.
• Florida’s statute of limitations for medical malpractice can depend on when the incident occurred and when the injury was discovered or should have been discovered.

When Can a Diagnostic Error Lead to a Medical Malpractice Claim?

Receiving an incorrect diagnosis doesn’t automatically mean your doctor committed medical malpractice. Doctors sometimes encounter patients with symptoms that could point to several medical conditions. A doctor can make a reasonable diagnostic decision based on the information available at the time and later discover that the diagnosis was incorrect.

Under Florida Statute § 766.102, a patient pursuing damages based on a healthcare provider’s negligence has the burden of proving that the provider breached the “prevailing professional standard of care.” The statute defines this standard as the level of care, skill, and treatment recognized as acceptable and appropriate by reasonably prudent similar healthcare providers under the circumstances.

In a diagnostic error case, this may involve examining whether another healthcare provider with comparable training and experience would have recognized the symptoms, ordered additional tests, considered another diagnosis, referred the patient to a specialist, or taken other steps that could have led to a timely diagnosis.

The Agency for Healthcare Research and Quality reports that an estimated 795,000 Americans die or become permanently disabled each year because of disease misdiagnoses. A diagnostic error may support a medical malpractice claim when the evidence shows that the diagnostic process fell below the applicable standard of care and caused an injury.

Examples may include situations in which a doctor:

• Fails to investigate symptoms that indicate a potentially serious condition
• Fails to order medically appropriate laboratory tests, imaging, or other diagnostic studies
• Misinterprets test or imaging results
• Fails to act on abnormal test findings
• Fails to consider a serious condition that should have been part of the diagnostic process
• Fails to refer the patient to an appropriate specialist
• Fails to obtain or consider relevant medical history
• Fails to follow up when symptoms persist or worsen

For example, suppose a patient repeatedly reports symptoms associated with a serious medical condition. If the doctor fails to order medically indicated testing and the condition progresses before another healthcare provider makes the correct diagnosis, the circumstances may support a malpractice claim. In contrast, if the first doctor used an appropriate diagnostic process but the patient’s condition was unusually difficult to identify, the incorrect diagnosis may not constitute negligence.

The underlying medical condition is also important. A delayed diagnosis of an aggressive cancer, heart attack, pulmonary embolism, or another time-sensitive condition can have very different consequences than an error that is quickly corrected without harming the patient. The legal issue is whether the doctor’s conduct fell below the applicable standard of care and caused compensable harm.

What Is the Difference Between Misdiagnosis, Delayed Diagnosis, and Failure to Diagnose?

Although these terms are sometimes used interchangeably, they describe different diagnostic problems.

• Misdiagnosis occurs when a medical professional identifies the wrong condition. A patient who is experiencing one illness may be diagnosed and treated for another.
• Delayed diagnosis occurs when the correct condition is eventually identified, but later than it should have been. The delay can become particularly significant when early treatment could have prevented disease progression or provided additional treatment options.
• Failure to diagnose occurs when a doctor fails to identify the patient’s condition. The patient may be told that nothing serious is wrong or may leave without an explanation for symptoms that should have prompted further investigation.

A patient can also have more than one medical condition at the same time. In some cases, a doctor correctly identifies one problem but fails to diagnose another.

The distinction matters because a medical malpractice claim must connect the healthcare provider’s specific failure to the patient’s injury. Whether the error involved the wrong condition, a delayed diagnosis, or a complete failure to diagnose, evidence must show how the diagnostic negligence affected the patient’s health.

How Do You Prove a Medical Malpractice Claim Based on Misdiagnosis?

A medical malpractice claim based on a wrong diagnosis requires more than showing that the doctor made a mistake. The evidence must connect the doctor’s conduct to a breach of the applicable standard of care and an injury. The following issues are central to determining whether a viable claim exists.

The doctor owed you a duty of care

A doctor-patient relationship creates a duty for the doctor to provide medical care consistent with the applicable professional standard. The identity of the potentially responsible healthcare provider is not always limited to the physician who spoke with the patient. Depending on what caused the diagnostic error, a claim could involve a radiologist, pathologist, specialist, hospital, laboratory, or another medical provider.

The doctor breached the prevailing professional standard of care

Under Florida law, the patient must establish that the healthcare provider’s conduct fell below the prevailing professional standard of care. IIn a misdiagnosis case, medical experts may review the patient’s symptoms, medical history, diagnostic testing, medical records, treatment decisions, and follow-up care to determine what another healthcare provider with comparable training and experience would have done under the circumstances.

Expert testimony is often central to medical malpractice cases because medical experts can explain the applicable professional standard of care, whether the defendant departed from that standard, and whether the departure caused the patient’s injury. Florida law also sets specific qualifications for experts who testify about the prevailing professional standard of care.

The diagnostic error caused harm

Causation is a critical part of medical malpractice claims. Even when a doctor fails to make the correct diagnosis, the patient must establish that the negligence caused an injury. Suppose a patient with cancer receives an incorrect diagnosis, but another doctor identifies the cancer a few days later and the brief delay does not affect the patient’s treatment or health. There may be a diagnostic mistake without measurable damages caused by that mistake.

Now consider a patient whose cancer goes undiagnosed for months because concerning symptoms and test findings were not appropriately investigated. If the delayed diagnosis allowed the disease to progress and reduced available treatment options, the additional harm may become an important part of a medical malpractice case.

The same principle can apply to other time-sensitive medical conditions. A failure to diagnose blood clots, for example, could allow a clot to travel to the lungs and cause a pulmonary embolism. The medical evidence must establish the connection between the diagnostic negligence and the subsequent injury.

You suffered damages

A medical malpractice lawsuit seeks compensation for losses caused by the negligence rather than for the fact that a mistake occurred.

Depending on the circumstances, damages may include additional medical bills, lost wages, physical pain, disability, and other economic and non-economic damages attributable to the diagnostic error. When medical negligence causes a patient’s death, Florida law may permit qualifying survivors or the estate to pursue damages under applicable wrongful death and medical malpractice laws.

What Harm Can a Wrong Diagnosis Cause?

A diagnostic error can affect far more than the name written in a patient’s medical chart. When the correct diagnosis is delayed, a patient’s condition may continue progressing while the underlying illness remains untreated.

Potential consequences include:

• Progression of an illness or disease
• Loss of treatment options
• More invasive treatment than would have been required with a timely diagnosis
• Unnecessary medications or procedures for the wrong condition
• Side effects or complications from unnecessary treatment
• Additional hospitalization
• Increased medical expenses
• Additional pain or disability
• Lost income or reduced ability to work

A wrong diagnosis can also lead to medication errors if a patient receives a drug that was unnecessary for the actual condition. An incorrect dosage or medication can create additional health problems, although whether those circumstances support a malpractice lawsuit depends on the evidence and applicable standard of care.

The patient’s original illness and the injury caused by the diagnostic error must be distinguished. A doctor is not responsible merely because a patient has a serious medical condition. The focus of the malpractice claim is the additional harm caused by negligent medical care.

What Must You Do Before Filing a Medical Malpractice Lawsuit in Florida?

Florida medical malpractice cases follow special procedures that do not apply to many other personal injury claims. A patient cannot simply file a malpractice lawsuit without first completing the required presuit process.

Under Florida Statute § 766.203, a claimant must conduct a presuit investigation before sending notification of an intent to initiate medical negligence litigation. The investigation must establish reasonable grounds to believe that a prospective defendant was negligent in the patient’s care or treatment and that the negligence caused injury. The statute also requires reasonable grounds for the claim to be corroborated by a verified written medical expert opinion from a medical expert who meets Florida’s requirements.

After completing the investigation, Florida Statute § 766.106 requires the claimant to notify each prospective defendant of the intent to initiate medical negligence litigation before filing the complaint. The statute provides a presuit screening period during which the prospective defendant or insurer can investigate the claim. The parties may also exchange information through informal presuit discovery.

These requirements make medical malpractice litigation substantially different from a routine negligence lawsuit. A medical malpractice lawyer can investigate the medical evidence, work with appropriately qualified medical experts, identify potential defendants, and complete the required steps before filing suit.

What Is the Medical Malpractice Statute of Limitations in Florida?

Florida imposes strict deadlines on medical malpractice claims, and waiting too long can prevent an injured patient from pursuing a lawsuit.

Under Florida Statute § 95.11(5)(c), Florida law provides a two-year statute of limitations for filing a medical malpractice lawsuit. The two-year period runs from the incident giving rise to the claim or from when the incident was discovered or should have been discovered through due diligence.

Florida law also establishes a four-year statute of repose. Subject to statutory exceptions, a medical malpractice action cannot be commenced more than four years after the incident that gave rise to the claim.

If fraud, concealment, or intentional misrepresentation prevented discovery of the injury, Florida law extends the limitations period forward two years from when the injury was discovered or should have been discovered through due diligence. Even with that extension, the claim generally cannot be filed more than seven years after the incident.

Minors are treated differently under the statute. The four-year and seven-year outer limits do not bar a medical malpractice action brought on behalf of a child on or before the child’s eighth birthday.

These rules can become particularly important in misdiagnosis cases because the injury may not be immediately apparent. A patient may continue treatment for the wrong condition for months before another doctor discovers the diagnostic error.

Determining when a particular statute of limitations began to run can require a fact-specific legal analysis. If you suspect that a wrong or delayed diagnosis harmed you, waiting until the deadline approaches can also create problems because Florida’s mandatory presuit investigation must be addressed.

What Should You Do If You Learn Your Doctor Gave You the Wrong Diagnosis?

Discovering that you were treated for the wrong condition can be upsetting, particularly when you learn that the delay may have affected your health. Your immediate priority should be getting appropriate medical care.

You can also take steps to preserve information that may be important if you later pursue a medical malpractice claim:

1. Address your current medical needs. Follow the advice of the healthcare professionals treating your actual condition and ask questions about available treatment options.
2. Request your medical records. Records from the original doctor may show your reported symptoms, examination findings, diagnostic tests, treatment plans, and follow-up instructions.
3. Preserve records from subsequent providers. The medical records leading to the correct diagnosis may help establish when the error was discovered and how your condition changed during the delay.
4. Create a timeline. Record when symptoms began, when you sought treatment, what you told each medical provider, what diagnosis you received, and when you learned the diagnosis was wrong.
5. Keep documentation of your losses. Preserve medical bills, wage information, and records of other expenses connected to the additional injury.
6. Speak with a Florida medical malpractice attorney promptly. An attorney can evaluate whether the facts warrant further investigation and determine which Florida deadlines and presuit requirements may apply.

You don’t need to determine on your own whether a doctor committed malpractice. Medical records, expert review, and the circumstances surrounding the diagnostic process can provide information that a patient may not have when first learning something went wrong.

How Can a Florida Medical Malpractice Attorney Help With a Wrong Diagnosis Claim?

Misdiagnosis cases can require a detailed reconstruction of what happened from the patient’s first symptoms through the eventual correct diagnosis. A Florida medical malpractice attorney can obtain and review medical records, determine which healthcare professionals were involved, and consult medical experts about whether the care fell below Florida’s prevailing professional standard.

The investigation may include reviewing laboratory reports, imaging, pathology, physician notes, referrals, prescriptions, and records from the healthcare provider who ultimately made the correct diagnosis. Your attorney can also evaluate whether the diagnostic delay caused additional injury and identify the damages connected to that delay.

If the evidence supports a claim, your attorney can complete Florida’s presuit requirements, serve the required notice of intent, communicate with the healthcare provider and insurer, and pursue the claim through settlement negotiations or litigation when appropriate. Many medical malpractice claims are resolved without a trial, but whether a particular case can be settled depends on the medical evidence, disputed liability, damages, insurance issues, and the positions taken by the parties.

Because medical malpractice cases involve both complex medical evidence and Florida-specific legal requirements, early investigation can be important, particularly when the statute of limitations is running.

Frequently Asked Questions

Can I sue if my doctor gave me the wrong diagnosis but I wasn’t injured?

A wrong diagnosis alone does not establish a right to financial compensation. A medical malpractice claim requires evidence connecting the healthcare provider’s negligence to an injury or loss. If the incorrect diagnosis was quickly corrected and caused no additional harm, an essential element of a malpractice claim may be missing.

Is a delayed diagnosis considered medical malpractice in Florida?

A delayed diagnosis can be considered medical malpractice if the healthcare provider breached the prevailing professional standard of care and the delay caused injury. For example, a delay that allows a disease to progress may support a claim when competent medical evidence establishes that appropriate diagnosis and treatment should have occurred sooner.

Can I sue a hospital for a doctor’s misdiagnosis?

Potential liability depends on the relationship between the doctor and hospital and the circumstances that caused the diagnostic error. Hospitals may face liability for negligence attributable to their own employees or operations in appropriate cases, while physicians practicing in a hospital setting may have different employment or contractual relationships. A medical malpractice attorney can investigate the relationships among the medical professionals and entities involved before determining which parties may be legally responsible.

Do I need another doctor to prove I was misdiagnosed?

Florida’s presuit law requires reasonable grounds for initiating medical negligence litigation to be corroborated by a verified written medical expert opinion from a medical expert who satisfies the applicable statutory requirements. Medical expert testimony may also be needed to establish the prevailing professional standard of care, breach, and causation as a case proceeds.

How long do I have to sue a doctor for misdiagnosis in Florida?

Florida’s medical malpractice statute of limitations is two years from the incident or two years from when the incident was discovered or should have been discovered through due diligence. A four-year statute of repose and statutory exceptions can also affect the deadline. Because a misdiagnosis may not be discovered when it occurs and Florida requires presuit procedures, it is important to have the specific timeline evaluated rather than assuming you have two years from the date you learned about the wrong diagnosis.

Harmed by a Wrong Diagnosis? Talk to Cohen and Juda About What Happened

Learning that a doctor treated you for the wrong condition can leave you with difficult questions, especially if the delay allowed an illness to progress or exposed you to treatment you did not need. Determining whether the diagnostic error was medical malpractice requires more than comparing the first diagnosis with the correct one. The medical evidence must be evaluated to determine whether the care fell below Florida’s prevailing professional standard and whether that failure caused additional harm.

Since 1999, South Florida attorneys Harvey Cohen and Gary Juda have represented injured individuals and families in Plantation, Fort Lauderdale, and surrounding communities. In a potential misdiagnosis case, the firm can investigate the medical records, work with qualified medical experts, evaluate the harm caused by the diagnostic error, and address Florida’s presuit requirements.

If you believe a doctor or another healthcare provider failed to diagnose your condition correctly, call Cohen and Juda, P.A. at (954) 424-1440 or complete the firm’s confidential online form to schedule a free consultation. You pay no attorney’s fees or costs unless compensation is recovered on your behalf. While you wait for your consultation, we invite you to read testimonials from the firm’s clients.

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The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Cohen and Juda, P.A.
8211 W Broward Blvd., Suite 310
Plantation, FL 33324
(954) 424-1440
https://www.cohenandjudaflorida.com/