Bryant, Higby & Barr - Attorneys At Law

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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Awards & Memberships

  1. RATED BY Super Lawyers | Clifford C. Higby | SuperLawyers.com Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.
  2. AV 1 | PREEMINENT | Peer Rated for Highest Level of Professional Excellence AV Preeminent®AV Preeminent® is a significant rating accomplishment – a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.
  3. RATED BY | Super Lawyers | Rising Stars | Kevin D. Barr | SuperLawyers.com Rising Stars, Super Lawyers, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.
  4. Florida Justice Association The Florida Justice Association is dedicated to strengthening and upholding Florida's civil justice system and protecting the rights of Florida's citizens and consumers.
  5. The Florida Bar 1950 | Mr. Higby was the former Chairman of the Trial Lawyer’s Section of The Florida Bar The Florida Bar is the integrated bar association for the state of Florida. Its duties include the regulation and discipline of attorneys. Mr. Higby was the former Chairman of the Trial Lawyer’s Section of The Florida Bar.
  6. AMERICAN ASSOCIATION for JUSTICE The American Association for Justice, is a nonprofit advocacy and lobbying organization for plaintiff's lawyers in the United States. AAJ's stated mission is to "promote a fair and effective justice system."
  7. BAR REGISTER PREEMINENT LAWYERS | Martindale-Hubbell Bar Register is widely regarded within the legal profession as a signal honor, conferred on a lawyer by his or her peers. The Martindale Hubbell Bar Register has listed lawyers who have earned the respect of the profession.
  8. ABA | AMERICAN BAR ASSOCIATION The American Bar Association, is a voluntary bar association of lawyers and law students, which builds the expertise of its members, protects the independence of the legal profession and advocates for justice in the United States and the world.

Versatile Trial Attorneys — Well-Versed In The Northwest Florida Legal Landscape

In all civil and criminal defense matters, our trial lawyers take a proactive approach to prepare for trial, beginning on day one to build a compelling case for our clients. We leverage that strength in pretrial challenges and negotiations. When trial is necessary, we are well-prepared to go the distance to safeguard the best interests of our clients. Our state-of-the art resources allow us to remain agile to achieve efficient results no matter the situation.

Call 850-763-1787 or send us an email to schedule an initial case consultation with Bryant, Higby & Barr today.

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Bryant, Higby & Barr - Attorneys At Law

12238 Panama City Beach Parkway
Panama City, FL 32407

Phone: 850-763-1787
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