Failure to Diagnose

According to Florida law, failure to diagnose refers to a doctor's failure to recognize a medical issue. Even when another equally competent doctor under identical circumstances might have identified the illness. And this form of medical negligence has increased in recent years. To investigate a misdiagnosis in Florida, you have to request medical records under Florida law 766.204. Additionally, you need to provide a pre-lawsuit notice to the medical provider under Florida law 766.106. The medical provider will have 90 days to respond to the notice.

Who Should Consider Filing a Claim and Why Legal Representation Is Essential

• Benefits of Filing: Your doctor did not refer you to a specialist despite clear indicators or misinterpreted lab test results, leading to incorrect or delayed treatment. Similarly, if your symptoms were reported but not properly investigated or discussed with you, vital diagnoses might have been overlooked. Neglecting to schedule essential follow-up appointments or failing to perform routine screenings for serious conditions, such as cancer or cardiovascular issues, can also form the basis of a claim.
• Consequences Without Representation: Medical malpractice cases are complex and often require specialized knowledge to prove negligence. Without an experienced attorney, gathering and presenting medical evidence, handling expert witnesses, and negotiating with powerful insurance companies can be overwhelming. Additionally, strict deadlines under the statute of limitations make timely action essential to preserving your claim.

Carter Injury Law: Committed to Securing the Justice You Deserve

• We review your medical records and consult with expert witnesses to determine the strength of your claim. Our team gathers the necessary documentation, including test results, medical reports, and expert opinions, to build a compelling case.
• We handle all communication and negotiations with insurers to ensure you receive a fair settlement. If a fair settlement isn’t reached, we will represent you in court, advocating aggressively on your behalf.
• We keep you informed throughout the process, providing personalized support tailored to your case’s unique needs. With our contingency fee policy, you can be assured of our dedication to achieving the best outcome for you.