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Medical malpractice: What constitutes failed diagnosis?

Every year, many thousands of Florida residents need medical assistance. Every person's medical condition is unique, though there are common symptoms to guide a physician to make a particular diagnosis in certain situations. If a doctor fails to diagnose a patient properly, and he or she suffers injury because of it, grounds for filing a medical malpractice lawsuit may exist.

Doctors are human beings and, of course, are capable of error. How does one know if a mistaken diagnosis meets the legal definition for medical negligence? A key factor in determining whether a physician was negligent in making an erroneous diagnosis or failing to issue a diagnosis altogether is whether it deviated from the accepted medical standard of care.

In short, if most physicians would likely have been led to make a particular diagnosis regarding the patient in question, then it can be logically assumed that the attending doctor should have done the same. If the patient can show evidence that the doctor was negligent and that his or her negligence caused injury, the court may be convinced enough to award compensation for damages. It is important to gather as much evidence as possible, including written documentation of any and all doctor visits that pertain to the situation in order to build a strong case against the party or parties deemed responsible for medical injury.

If a doctor ignored symptoms that a patient brought to his or her attention or did not follow up on a particular condition after suggesting a treatment plan, it may be considered evidence of negligence. It can be quite challenging to prove a medical malpractice case, which is why most Florida patients rely on experienced personal injury attorneys for support. An attorney knows what types of evidence the court is looking for in order to rule that medical negligence has caused a plaintiff to suffer injury.

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Rated by Super Lawyers Clifford C.Higby AV Preeminent Lexis Nexis Martindale-Hubbell Peer Review Rated For Ethical Standards And Legal Ability Florida Justice Association Trial Lawyers Section of the Florida Bar Mr.Higby was the former Chair of the Trial Lawyer's Section Click here to read his message American Association for Justice Bar Register Preeminent Lawyers
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