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Failure to Diagnose Lawyers Orlando - Doctor studying diagnosis

Failure to Diagnose Lawyers Orlando

According to a recent study published by BMJ Quality and Safety, around 12 million US adults receive a misdiagnosis each year. Failure to diagnose can have devastating consequences for a patient and lead to injury, long-term health problems, and even death. Moreover, the expense of dealing with the aftermath of a delayed or wrong diagnosis can plunge patients and their families into financial hardship.

If your Orlando health provider failed to diagnose your condition, you could be entitled to compensation for your medical expenses, wage loss, pain and suffering, and more. Morgan & Morgan is here for you. Our failure to diagnose lawyers in Orlando could hold the responsible party accountable for your injury and financial losses. Get started now and contact us to schedule a free consultation.

What Is Failure to Diagnose?

Failure to diagnose is a type of medical malpractice that occurs when a doctor fails to diagnose a patient’s condition correctly. Failure to diagnose can include delayed diagnosis and misdiagnosis. Errors in diagnosis can be common and do not necessarily give grounds for a medical malpractice lawsuit. However, if a patient suffers an injury or complications due to receiving the wrong treatment, delayed treatment, or no treatment at all, they could have legal recourse. 

Misdiagnosing or failing to diagnose a minor condition may not affect a patient’s health. However, missing fast-progressing or fatal diseases, such as heart attack, cancer, or stroke, can have devastating consequences for the patient. Misdiagnosis could shorten their life expectancy, or they may experience unnecessary suffering and anguish due to a late diagnosis. Conditions that depend on early treatment and intervention, such as cancer, can become advanced and terminal without a prompt and correct diagnosis.

If you suffered an injury or your condition worsened due to a doctor failing to diagnose, you could have grounds for a medical malpractice lawsuit and pursue compensation. 

Commonly Misdiagnosed Conditions

The American Association of Retired Persons (AARP) says physicians may misdiagnose up to 20 percent of significant health conditions. Commonly misdiagnosed conditions and diseases include:


Early detection of cancer early can be crucial for patients. Failure to diagnose or a misdiagnosis of cancer typically results in more aggressive treatments and lower chances of survival. Delaying a cancer diagnosis can lead to unnecessary suffering, steep medical expenses, and early death. According to the AARP, the cancers most frequently misdiagnosed include colorectal, lung, and breast cancer. Physicians may be responsible for failure to diagnose if they:

  • Incorrectly interpret diagnostic test results
  • Fail to order cancer screening and follow-up tests
  • Diagnose the wrong type of cancer
  • Fail to take your medical history into account
  • Misread your symptoms

Heart Attack

A heart attack must be treated immediately for the best possible patient outcome. However, medical providers can confuse heart attack symptoms with other conditions, such as heartburn, acid reflux, and anxiety. Moreover, heart attacks are more often misdiagnosed in women than men since some symptoms in women can be non-specific and misleading. Waiting too long to treat a heart attack can result in:

  • Muscle damage and scarring of the heart
  • Permanent brain damage
  • Death


Like a heart attack, a stroke must be treated promptly for the best possible outcome. Failure to diagnose stroke immediately can have devastating consequences for a patient and cause permanent brain damage, disabilities, and death. Symptoms of a stroke can mimic other conditions such as dehydration, migraines, and seizures. Therefore, doctors sometimes send younger patients home because they fail to consider stroke.  


According to a study published by the National Center for Biotechnology Information (NCBI), 86 percent of physicians stated that the symptoms of sepsis could be attributed to other conditions. However, early diagnosis of sepsis is critical for a patient’s survival. A failure to diagnose and delaying treatment can have devastating consequences for the patient and lead to:

  • Amputation of limbs
  • Organ failure
  • Permanent disability
  • Death

You Could File a Medical Malpractice Lawsuit

If your doctor or medical facility in Orlando failed to diagnose your condition or illness, you could file a medical malpractice lawsuit and seek damages. However, you must prove that the defendant in your case acted negligently. In particular, you have to show that:

  • There was a patient and doctor relationship
  • The doctor did not treat you according to the accepted standard of medical care
  • You have an injury and damages as a result

What Is the Standard of Care?

Determining the medical standard of care can be challenging. The essential question is whether another health professional would have provided the patient with the same treatment under the same circumstances. In other words, if another doctor had acted differently, you could have a case. You need to prove that the defendant would have diagnosed your condition correctly if they had followed correct medical standards AND that a prompt diagnosis would have prevented your injury and financial losses.  
An expert witness is generally required to testify and establish the standard of care in a case. 

Compensation Orlando Patients Could Recover

If you or a loved one suffered injuries and financial damages due to a doctor’s failure to diagnose, you could receive compensation with a medical malpractice lawsuit. While every medical malpractice claim is unique, and damages vary, you could qualify for:  

Economic Damages

Economic damages relate to a victim’s financial losses due to medical malpractice and can include: 

  • Past, current, and future medical costs
  • Lost wages and future reduced earning potential
  • Medical transportation costs
  • Medical devices and medications
  • Costs for in-home care
  • Out-of-pocket expenses

Non-Economic Damages

Non-economic damages relate to a victim’s suffering and inconvenience due to the failure to diagnose. In medical malpractice cases, non-economic damages can be considerable and include awards for: 

  • Physical pain and anguish
  • Emotional distress
  • Reduced life enjoyment
  • Disability
  • Disfigurement

Non-economic damages can be challenging to quantify. However, an experienced failure to diagnose lawyer in Orlando can calculate your non-economic and economic damages and determine the worth of your case.  

Punitive Damages

Punitive damages may be awarded in medical malpractice cases where the court finds a reckless disregard for the patient’s safety. However, Florida has set a cap for punitive damages in medical malpractice cases. Plaintiffs in Orlando can receive up to $500,000 if they win their suit against a doctor or medical care provider. If they sue a hospital or other medical organization, the amount could be up to $750,000. A judge who thinks a case qualifies for a higher award can override the damage cap.

Failure to Diagnose Leading to Wrongful Death

If an individual passes away due to failure to diagnose in Orlando, the surviving family members could recover compensation with a wrongful death lawsuit. Under Florida law, the personal representative of the estate files the suit, acting on behalf of the estate and surviving family members. Damages recoverable in a wrongful death lawsuit can include:

  • Medical expenses before death
  • Loss of support and services from the deceased
  • Funeral costs
  • Loss of parental instruction and guidance
  • Loss of companionship
  • Loss of inheritance

Medical malpractice cases leading to wrongful death can be complex. However, you do not have to go it alone. Our compassionate failure to diagnose lawyers in Orlando can assess your claim, walk you through your options, and file a wrongful death lawsuit on your behalf.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • How Can a Medical Malpractice Attorney Help Me?

    Medical malpractice cases can be complex, technical, and demanding. Thankfully, you do not have to navigate the legal system on your own while recovering from your injuries. Our experienced medical malpractice attorneys can take charge and handle your case from beginning to end, freeing you to focus on your health and well-being. You can rely on us to:

    • Identify your legal options and the next best steps
    • Collect and organize the evidence required to prove your case
    • Liaise with your medical providers to obtain documentation for your injuries
    • Hire medical expert witnesses to testify on your behalf
    • Demonstrate how the defendant was negligent
    • Negotiate a settlement with the defendant’s insurer 
    • Present your case powerfully at trial, if necessary

    As the largest personal injury firm in America, Morgan & Morgan never runs out of steam. We can fight powerful doctors and hospitals all the way to the courthouse and have the resources to fight even complex and lengthy medical malpractice claims. Our attorneys work tirelessly for the payout our injured clients need to get their lives back on track. 

  • What Is the Average Settlement for Failure to Diagnose? 

    The Journal of the American Medical Association (JAMA) determined that the average settlement for medical malpractice was $329,565 from 1992–2014. However, this figure is only a rough indication of what a medical malpractice case could be worth. Some settlements are significantly lower, while others amount to millions of dollars. What you can recover can depend on various factors, including:

    • The nature and scope of your injuries
    • Your financial damages such as medical bills and wage loss
    • Strong evidence of the medical provider’s negligence 

    If failure to diagnose caused permanent or life-changing injuries, a settlement amount should reflect this. 

    Knowing what your case is worth can be tricky, and victims can underestimate the amount of their damages and future expected expenses. Our failure to diagnose lawyers in Orlando can assist you with assessing the value of your claim.  

  • When Should I File My Medical Malpractice Case?

    There are time limits for filing a medical malpractice lawsuit in Florida. According to Florida Statutes § 95.11(4)(a), patients have two years to file suit. The time starts running down when the medical malpractice was discovered or should have been detected. However, the time limit for your claim could vary depending on the facts of your case. Therefore, it can be a good idea to consult with an attorney as soon as possible. If you file your lawsuit after the statute of limitations has passed, you could be prohibited from seeking compensation and holding the responsible party accountable.

  • Who Could I Sue in a Medical Malpractice Claim?

    Most victims assume that they can only sue their doctor. However, any medical professional could be held accountable for failure to diagnose. In some cases, you could also sue a medical institution, such as a hospital or urgent care center. Potential defendants in a medical malpractice claim can include:  

    • Nurses
    • Assistants
    • Dentists
    • Doctors
    • Surgeons
    • Anesthetists
    • Hospitals 
  • Do I Need a Lawyer for a Failure to Diagnose Case? 

    Technically, you do not require a lawyer to file a lawsuit. However, medical malpractice claims can be complicated, lengthy, and expensive to litigate. Several medical witnesses may be required to testify on the victim’s behalf. Moreover, such claims often deal with complex medical and legal issues that can be challenging for an experienced lawyer, let alone a layperson. Therefore, it is highly advisable to consult with an attorney before filing a medical malpractice lawsuit. 

    Our malpractice lawyers can advise you comprehensively, determine whether you have a case, and move forward with a legal claim. We want you to have the best chance at getting what you deserve. When working with Morgan & Morgan, you don’t pay a dime unless and until we win and you recover compensation. 

  • Our Orlando Failure to Diagnose Lawyers Fight for You 

    A late or misdiagnosis can turn your whole life upside down and cause physical, emotional, and financial misery. However, when a doctor or other medical professional makes a mistake, you should not have to pay for the consequences. 

    Morgan & Morgan sees cases of appalling medical malpractice every day. We have been fighting for injured patients for decades and know the issues victims and their families face. Our experienced trial litigators do not shy away from standing up to powerful doctors and hospitals and can fight for justice and compensation on your behalf.

    Don’t wait to get legal help and advice. The sooner you get in touch, the sooner you can receive what you need to rebuild your life. Contact us today to find out more in a free case review.

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