Few experiences are more frustrating than knowing something is wrong with your body while a medical provider repeatedly tells you that everything is alright. You trusted a doctor to listen to you and use their training to fully evaluate you, but there are times when your condition might worsen because your provider failed to take these basic steps.
The reality is that a misdiagnosis can lead to devastating and even potentially fatal consequences. By the time another physician identifies the problem, your disease may have progressed significantly, potentially beyond the point where a full recovery is possible.
While most people receiving treatment at local facilities like Palm Beach Gardens Medical Center or UF Health/St. Mary’s Medical Center get the care they deserve, a dangerous misdiagnosis is always possible. When these mistakes happen, it’s crucial to seek support from a Palm Beach Gardens misdiagnosis lawyer.
Our team has a track record of success with medical malpractice cases, including a $3,000,000 recovery by managing partner Ryan Fogg in a case where a client’s cancer was misdiagnosed. Let our Palm Beach Gardens misdiagnosis lawyers help you seek the justice you deserve.
Living With a Misdiagnosis
Most patients don’t question their doctor’s opinion. After all, they have the training and experience that puts them in the best position to determine what’s wrong and chart a course for treatment. It’s natural to assume symptoms have been carefully evaluated and that the recommended treatment reflects sound medical judgment. When that trust proves misplaced, the emotional impact can be just as devastating as the physical injuries.
Many misdiagnosis victims remember being told their symptoms were minor, stress-related, or largely imagined. There are even times when the patient knew something was wrong the entire time, but their care team refused to listen. Unfortunately, feeling ignored, dismissed, or misled is a common response after a diagnostic error. You may wonder whether someone actually listened to your concerns or reviewed your test results carefully.
The good news is that our firm can investigate whether your provider simply faced a difficult medical situation or failed to provide the level of care Florida law requires.
Common Misdiagnosis Cases
While it’s possible to misdiagnose any medical condition, some of the most common mistakes involve the following:
Cancer
Delayed cancer diagnoses often allow tumors to spread before treatment begins. A cancer that could have been treated successfully in its early stages may become far more difficult to manage after months of delay.
Heart Attack
Heart attacks don’t always present with classic chest pain the condition is known for. Patients may experience fatigue, nausea, shortness of breath, or pain in other parts of the body that might not be obviously connected to a heart condition.
Stroke
Every minute matters during a stroke. Delayed diagnosis can eliminate opportunities for clot-busting medications and significantly increase the likelihood of permanent neurological injuries.
Serious Infections
Sepsis and other severe infections require immediate treatment, but they are often mistaken for less serious conditions. Misdiagnosing an infection as a minor viral illness can allow the infection to spread rapidly throughout the body.
Florida’s Strict Statute of Limitations
Florida imposes strict filing deadlines for medical malpractice lawsuits. It’s important to understand these time limits, as filing a lawsuit after too much time has passed can be catastrophic to your case. In many situations, it’s enough to have your claim dismissed with prejudice.
In most situations, you must file a claim within two years from the date the misdiagnosis occurred or within two years from the date you discovered the diagnostic error. In other words, the exact deadline can shift depending on when you knew or should have known a mistake was made.
That’s not the only time limit to be aware of, though, since Florida also enforces a strict four-year statute of repose. Except in cases involving fraud or concealment, you’re required to file your lawsuit no later than four years after
These deadlines can become complicated because patients often discover a misdiagnosis months or even years after receiving treatment. Speaking with an attorney promptly helps preserve your legal rights while important evidence remains available.
Florida’s Mandatory Pre-Suit Investigation
Florida requires medical malpractice claims to satisfy several legal requirements before a lawsuit may even be filed.
Your attorney must first conduct a thorough investigation into your medical care before having an independent, board-certified medical expert review the information. If that expert concludes the healthcare provider likely violated the accepted standard of care, the expert signs a sworn affidavit supporting the claim.
Next, your attorney has to formally serve a Notice of Intent to Initiate Litigation on each prospective defendant in your case. This begins Florida’s mandatory 90-day pre-suit investigation period.
During those 90 days, the healthcare providers investigate the allegations, exchange information, and evaluate whether the claim should be resolved before litigation begins. If the time expires without a settlement, you can then proceed with your lawsuit.
How We Build Strong Misdiagnosis Cases
Our Palm Beach Gardens misdiagnosis malpractice attorneys build their cases in the following ways:
Medical Experts Network
Misdiagnosis cases frequently succeed or fail based on expert medical testimony. Our firm understands how important relationships with these experts can be, and we work closely with board-certified physicians in multiple specialties. These independent experts evaluate whether the healthcare providers followed accepted medical standards and explain how earlier diagnosis could have changed the patient’s outcome.
Thorough Investigation
Our legal team gathers every available piece of evidence that we might need to pursue your case. This often comes from your own medical records, but we can also subpoena other evidence from local medical centers like Jupiter Medical Center, or directly from Palm Beach County if the misdiagnosis occurred in a public facility.
No Fee Unless We Win
Many families hesitate to contact a lawyer because they already face overwhelming medical expenses as well as the potential loss of income. That’s why our firm handles medical malpractice cases on a contingency fee basis. You pay no upfront attorney’s fees, and we only receive payment based on the compensation we recover on your behalf.
What Should You Do If You Believe You Were Misdiagnosed?
Believe you were misdiagnosed? Here are the first steps you should take:
1. Prioritize Your Health First
Your immediate focus should be obtaining proper medical treatment. Seek a second or even third opinion from an independent physician outside the original hospital system so you can receive an accurate diagnosis and begin appropriate treatment as quickly as possible.
2. Secure Your Medical Records
Request copies of your complete medical records right away. Florida law gives patients the right to access these records, although healthcare providers may charge reasonable administrative fees for producing them.
3. Document a Detailed Timeline
Create a written timeline while the events remain fresh in your memory. Include your symptoms, appointment dates, conversations with healthcare providers, recommended treatments, diagnostic testing, and the date you ultimately received the correct diagnosis.
4. Consult the Right Attorney
Medical malpractice claims are complex, especially when it comes to misdiagnosis. It’s in your best interest to work with lawyers who focus their practice on advocating for patients who have dealt with medical errors.
Frequently Asked Questions
What if I didn’t realize I was misdiagnosed until months later? Does the clock start over?
Not necessarily. Florida generally allows two years from the date you discovered, or reasonably should have discovered, the misdiagnosis. However, the state’s four-year statute of repose may still limit how long you have to file a claim.
Is a doctor legally liable just because they got my diagnosis wrong?
No. An incorrect diagnosis alone doesn’t establish malpractice. You will have to prove the physician failed to meet the accepted standard of care and that the mistake directly led to your harm to have a viable claim for compensation.
Are there limits on how much compensation I can recover for a misdiagnosis in Florida?
Florida does not have a cap on medical malpractice lawsuits.
Can I sue a Palm Beach County emergency room or hospital for a misdiagnosis, or just the individual doctor?
Potential liability may extend beyond the treating physician. You could potentially have a case against multiple parties if more than one was negligent.
Speak With a Palm Beach Gardens Misdiagnosis Lawyer
If you’re suffering from the reality of a misdiagnosis, Fogg Law Group is here to help. Our team understands what these errors can mean for you and your loved ones, and we’re ready to help you maximize your recovery. Contact a misdiagnosis lawyer today for a free consultation.