Switch to ADA Accessible Theme Close Menu
Florida Personal Injury Lawyers

Auto accident, multi-car crash


Auto accident involving defective airbag


Death resulting from hospital turning away patient


Auto accident involving tractor trailer


Auto accident involving a work vehicle


Slip and fall at a hotel bathroom

Call, Text, or Chat: 1-888-LPENDAS
Free Initial Consultation
protected by reCAPTCHA Privacy - Terms

Proving Medical Misdiagnosis in Tampa, Florida

Many of us rely on medical practitioners to properly diagnose us when we suspect that there is something wrong, and to ensure that we receive the medical care and attention typical of such a diagnosis. Unfortunately, doctors are not accurate 100 percent of the time, and misdiagnoses do happen. When they do, it can mean the difference between getting better or getting progressively worse, or in the worst-case scenarios, the difference between life and death.

While doctors are human too, and while they do make errors just like the rest of us, a misdiagnosis can have severe consequences, such as delayed treatment, prescribing the wrong course of treatment, or no treatment at all. For a patient with a progressing condition, none of these options is favorable. If you or a loved one was misdiagnosed, you may be entitled to a medical malpractice claim.

Types of Misdiagnosis

Medical misdiagnosis covers a broad range of mistakes made by a medical professional during the diagnostic process. It is important to understand what constitutes as misdiagnosis before we delve into liability any further. There are a number of ways that a medical professional can make a misdiagnosis. This includes:

  • Wrong diagnosis;
  • Missed diagnosis;
  • Delayed diagnosis;
  • Failure to recognize complications;
  • Failure to diagnose a related disease; and
  • Failure to diagnose an unrelated disease.

Even if your doctor did correctly diagnose your condition, but you continued to suffer despite their prescribed treatment, it may be because they committed one or more of the above diagnostic errors. If that is the case, there is still potential for a medical malpractice lawsuit.

Was Your Doctor Negligent in Your Diagnosis

In order to have a medical malpractice claim under Florida law, for misdiagnosis, you must prove three things:

  1. That a doctor-patient relationship existed;
  2. That the doctor was negligent, and that he or she failed to provide treatment in a reasonable and/or skillful manner; and
  3. That the doctor’s negligence (misdiagnosis) resulted in actual injury.

While that may seem simple enough, proving that a doctor was negligent in his or her care of you can be difficult. A misdiagnosis is not enough to prove negligence, as even the most skilled doctor can make diagnostic errors when practicing with care. In order to prove that your misdiagnosis was the result of negligence, you must prove that the doctor failed to act competently, which can be done by evaluating what your doctor did and did not do to arrive at your diagnosis.

Consult a Tampa Medical Malpractice Lawyer

At The Pendas Law Firm, we assist patients in recovering compensation for losses that were a direct result of medical malpractice. If you believe that your misdiagnosis lead to further medical complications, let our Tampa medical malpractice lawyers assist you with filing a claim. Give our personal injury law firm a call today at 1-888-LPENDAS to schedule a private consultation.

We also serve clients in the West Palm Beach, Orlando, Jacksonville, Miami, Fort Lauderdale, and Fort Myers areas.

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

    Joseph Kestell
  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod