Misdiagnosis or delayed diagnosis happens frequently in the field of medicine. Fortunately, most of the time no serious harm is done to the patient, either because the problem is not serious or the mistake is caught quickly and corrected. However, when errors or delays are caused by negligence and result in harm to the patient, the state of Florida allows patients to sue to recover damages.
Determining medical malpractice due to misdiagnosis
As with any medical malpractice case, you must demonstrate negligence. Florida law does not allow lawsuits for just any error, since medical personnel are human and will sometimes make honest mistakes or have different medical approaches that are entered into with the full expectation that they are best for the patient.