Misdiagnosis Malpractice Attorney FL
Over 35 Years Experience

Florida Failure to Diagnose Lawyer: Justice for Victims of Medical Diagnostic Errors

Holding Healthcare Providers Accountable When Delayed Diagnosis or Misdiagnosis Leads to Harm.

  • Specializing in Failure to Diagnose & Misdiagnosis Cases
  • Cancer, Stroke, Infection & More
  • Over 35 Years Fighting for Florida Patients
  • No Fee Unless We Secure Compensation

The Devastating Impact of Failure to Diagnose and Misdiagnosis

A timely and accurate diagnosis is the cornerstone of effective medical treatment. When doctors or other healthcare providers fail to recognize critical symptoms, misinterpret test results, or delay necessary diagnostic procedures, treatable conditions can worsen, leading to irreversible harm, reduced treatment options, or even wrongful death. This is known as diagnostic error, a serious form of medical malpractice.

If you or a loved one suffered serious consequences because a medical professional failed to diagnose a condition correctly or in a timely manner, you may have grounds for a malpractice claim. At Lisa S. Levine, P.A., experienced Florida medical malpractice attorney Lisa Levine is dedicated to helping victims of diagnostic errors obtain the justice and compensation they deserve.


What Constitutes a Failure to Diagnose or Misdiagnosis?

Diagnostic errors can occur in several ways:

  • Failure to Diagnose (Delayed Diagnosis): A healthcare provider fails to identify a patient’s illness or condition despite indicative symptoms and available medical information, leading to a harmful delay in treatment.
  • Misdiagnosis (Wrong Diagnosis): A healthcare provider incorrectly diagnoses a patient with one condition when they actually have another, leading to incorrect (and potentially harmful) treatment and a delay in appropriate care.
  • Failure to Recognize Complications or Secondary Conditions: Overlooking related issues that arise from a primary illness or treatment.

These errors are often not due to the obscurity of a disease, but rather a breakdown in the diagnostic process, such as:

  • Not taking a thorough patient history.
  • Failing to perform a complete physical examination.
  • Not ordering appropriate diagnostic tests (blood work, imaging, biopsies).
  • Misinterpreting X-rays, MRIs, CT scans, lab results, or pathology reports.
  • Failing to consider serious conditions in the differential diagnosis.
  • Not referring a patient to a specialist when warranted.
  • Communication errors between healthcare providers.

Conditions Often Involved in Diagnostic Error Lawsuits

While any condition can be misdiagnosed, certain illnesses frequently lead to malpractice claims when diagnostic errors occur due to their time-sensitive nature or severe outcomes:

  • Cancer (Various Types): Delayed diagnosis of breast cancer, lung cancer, colon cancer, prostate cancer, melanoma, etc., allowing the cancer to progress to a more advanced, less treatable stage.
  • Stroke: Misdiagnosing stroke symptoms as migraines, vertigo, or intoxication, leading to a missed opportunity for time-critical treatments like tPA.
  • Heart Attack (Myocardial Infarction): Attributing chest pain or other cardiac symptoms to indigestion, anxiety, or musculoskeletal issues.
  • Cauda Equina Syndrome: Misdiagnosing symptoms as simple back pain, delaying emergency surgery.
  • Infections: Delayed diagnosis of serious infections like sepsis, meningitis, or appendicitis.
  • Internal Bleeding or Organ Damage after trauma or surgery.
  • Pulmonary Embolism: Failing to diagnose a life-threatening blood clot in the lungs.
  • Vascular Conditions: Such as aortic dissection or deep vein thrombosis (DVT).

Proving Negligence in a Failure to Diagnose Case

Not every diagnostic error is medical malpractice. To win a Florida failure to diagnose claim, we must prove four key elements:

  • Duty: A doctor-patient relationship existed, establishing a duty of care.
  • Breach (Negligence): The provider’s diagnostic process fell below the accepted “standard of care.” This could mean failing to order proper tests, misinterpreting results, not considering the correct diagnosis, or ignoring clear symptoms. Proving this typically requires expert medical testimony.
  • Causation: The negligent diagnostic error directly caused your condition to worsen or led to a significantly poorer outcome than if a timely, accurate diagnosis had been made.
  • Damages: You suffered actual harm (physical injuries, increased medical costs, lost income, pain and suffering) due to the error.

Thorough investigation of medical records and collaboration with medical experts are essential to establish these elements. Lisa Levine has the experience to build these complex cases.

Why Choose Lisa Levine for Your Diagnostic Error Case?

When diagnostic errors cause harm, you need an attorney with specific experience. Lisa S. Levine, P.A. offers:

  • Over 35 Years of Medical Malpractice Focus: Lisa Levine brings decades of dedicated experience to medical malpractice and diagnostic error cases in Florida.
  • Proven Results: A strong track record of securing significant compensation for victims of medical negligence. (See Our Results)
  • Expert Medical Network: Access to leading specialists (radiologists, oncologists, neurologists) crucial for proving diagnostic failures.
  • Personalized Attorney Access: Work directly with Lisa Levine, receiving clear communication and dedicated support. (Client Testimonials)
  • No Upfront Fees: We operate on a contingency fee basis – you pay nothing unless we win. (Learn More)

We have the experience, resources, and commitment to effectively pursue justice for you.

Dental Malpractice Nerve Injury Attorney

Compensation for Harm Caused by Diagnostic Errors

A failure to diagnose or a misdiagnosis can lead to significant physical, emotional, and financial burdens. If medical negligence caused a diagnostic error that harmed you or a loved one, Florida law allows you to seek compensation (damages) for a wide range of losses. This may include:

The specific compensation available will vary greatly depending on the nature of the diagnostic error, the type of illness or condition involved, the severity of the harm caused by the delay or misdiagnosis, and the long-term impact on your health and well-being.

An experienced Florida medical malpractice attorney like Lisa Levine will meticulously assess all aspects of your case, often working with economic and medical experts, to ensure all your damages are accounted for and to pursue the full compensation you deserve.

Proven Results in Medical Malpractice & Failure to Diagnose Cases

$350,000

jean hanna
v. justin a. martone, D.M.D. & apple tree dental care

After receiving a 3-tooth bridge from Dr. Martone/Apple Tree Dental, Jean Hanna lost two foundation teeth and needed 3 implants. This resulted from alleged negligent preparation and placement, including failure to remove decay before cementing the bridge.

$225,000

john doe
v. dentist

John Doe went into doctor’s office for a root canal. The dentist failed to use a dam near the effected root so the liquid used to kill the root (hydrochloric acid) leaked out and destroyed gum and bone.

Disclaimer: Past results do not guarantee future outcomes. Every case is unique.

FAQs About Failure to Diagnose & Misdiagnosis Claims

It could be. If the delay in diagnosis fell below the standard of care and allowed your condition to worsen significantly, you might have a claim for delayed diagnosis.

Medicine isn’t always exact. A reasonable medical judgment that turns out to be incorrect with hindsight isn’t always malpractice. Malpractice occurs if the diagnostic process itself was negligent (e.g., ignored clear symptoms, failed to order standard tests).

The Florida medical malpractice statute of limitations (generally 2 years from incident/discovery, 4-year repose) applies. Act quickly.

Medical records, test results, imaging studies, and critically, testimony from medical experts who can establish the standard of care and how it was breached.

Harmed by a Doctor’s Diagnostic Error? Get a Free Case Review

If a delayed diagnosis or misdiagnosis led to serious harm for you or a family member, contact Lisa S. Levine, P.A.