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Miami Misdiagnosis and Failure To Diagnose Lawyer

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

Content last updated on:
November 18, 2024

Home » Miami Medical Malpractice Attorneys » Miami Misdiagnosis and Failure To Diagnose Lawyer

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When you go to a Miami doctor, you expect accurate and timely diagnoses to help preserve your health. If a misdiagnosis by a negligent medical provider in Miami has harmed you or a loved one, you may be eligible to file a lawsuit and pursue compensation for your losses.

Our Miami misdiagnosis attorneys have the knowledge, resources, and legal skills to take on powerful insurance companies to hold medical providers accountable for their failures. When you partner with Freedland Harwin Valori Gander, you benefit from our team’s collective experience and commitment to seeking justice for our clients.

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Why Should You Choose FHVG as Your Miami Misdiagnosis Lawyer?

For more than 20 years, our firm has been fighting to protect the rights of victims of medical malpractice in Florida and nationwide. Our medical malpractice attorneys in Miami have deep medical and legal knowledge to navigate the complexities of a malpractice claim, negotiate with insurers, and fight in court when necessary. In addition, many of our lawyers have experience defending medical providers and their insurance companies. That gives us valuable insight into the strategies they use to avoid liability.

We are dedicated to personalized client care and open communication so you understand what is happening at every step. If you have any concerns or questions, we will address them with you immediately.

Respected organizations such as The South Florida Legal Guide, Best Lawyers in America, and Super Lawyers recognize our firm’s work. We are also very proud that Courtroom Video Network awarded partners Daniel Harwin and Deborah Gander “CVN’s Top 10 Most Impressive Plaintiff Verdicts of 2023.”

Our case results demonstrate our proven success at advocating for our clients—we have recovered over $2.6 billion in settlements and verdicts.

Experience Securing Misdiagnosis Case Results in Miami, FL

$9.0 Million

We negotiated this settlement with a hospital and emergency room physician in Miami after a patient presented with a cerebral aneurysm that was misdiagnosed as a headache.

$5.3 Million

We negotiated this settlement against a hospital in Miami-Dade County involving an elderly gentleman who presented to the emergency room with a spinal cord injury that went undiagnosed, leaving him with a permanent spinal cord injury.

$1.8 Million

We settled this case with a hospital in Miami after the surgeon and hospital failed to timely diagnose bowel ischemia, which caused septic shock

$1.5 Million

Settlement against a hospital and cardiothoracic surgeon in Miami for failure to diagnose a surgical error during a cardiothoracic procedure.

$1.4 Million

We secured a settlement for a child when the pediatrician failed to timely diagnose testicular torsion.

$1 Million

Failure to timely diagnose uterine rupture.

People harmed by negligent doctors and hospitals deserve compensation to address their harm and secure their futures. Let us fight for you. We offer a free initial consultation to assess the viability of your claim and work on a contingency basis. You only pay an agreed-upon percentage if we win compensation.

FHVG serves all of the Miami area, including the following neighborhoods:

Brickell

Little Havana

Wynwood

Coconut Grove

Edgewater

North Miami

Miami Beach

South Miami

Hialeah

Downtown Miami

Aventura

free consultation anytime, anywhere.

ALL FIELDS REQUIRED

CASE RESULTS

$24.5 Million

MEDICAL MALPRACTICE

JURY VERDICT

Damages Jury Verdict on behalf of the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we were able to demonstrate that doctors did not follow proper safety protocols, forcing the defendants to admit liability shortly before trial.

$12.2 Million

PHARMACEUTICAL LIABILITY

SETTLEMENT

A settlement won on behalf of the family of a 47 year old woman whose death resulted from the use of a dangerous pharmaceutical drug. We proved the manufacturer knew of the dangerous side effects & did not provide proper warning.

$10 Million

BIRTH INJURY

SETTLEMENT

A settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth. Through years of tactical and technical litigation, we were able to prove that the nurses and physicians both failed to intervene and prevent the brain injury.

$1.2 Million

MOTOR VEHICLE ACCIDENT

SETTLEMENT

A settlement on behalf of a middle-aged man who was read ended by a waste management truck.

$1.5 Million

NURSING HOME NEGLIGENCE

SETTLEMENT

A settlement on behalf of the family of an elderly man who died as a result of being neglected and uncared for by a nursing home.

TESTIMONIALS

I met Dan when I was in therapy and he came and right away it felt like a family member visiting you, a connection, like a brother. He’s been on both sides of the fence. He’s represented the hospitals and the doctors, and then he jumped over to the other side. It is a fantastic group, it was like Bell Belichick leading the team. They changed my life and still check on me. I recommend FHV to anybody and they thank me.

LARRY

I met Dan about a year ago. He never made me feel that it was about the money. When he spoke with me he was asking how Bill (my brother) was and if he was doing better. He made me feel like family and always asked if I was alright. That means a lot. Everyday is something new and I challenge for my brother. I would recommend [FHV] to everybody because I really believe that they’re helping from their hearts… from a really good place.

BILL

For anyone to represent anyone for 5 years and take the time to do it, not once just “get it out of the way” and “get it done with”. It was about what was best for Hunter and our family. It was about the case and the people.

ASHLEY

MAIN OFFICE - FORT LAUDERDALE

550 S Andrews Ave
Ste 630
Fort Lauderdale, FL 33301

CORAL GABLES OFFICE

999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134

We’ve secured successful verdicts and settlements against various medical providers around Miami. For example:

Can You Sue for Misdiagnosis in Miami, Florida?

You can file a medical malpractice lawsuit against a doctor or other medical provider in Miami if a misdiagnosis results from negligence and that misdiagnosis harms you. To prevail, you must demonstrate the defendant was negligent. Your attorney must establish four elements to succeed in a negligence claim:

The medical professional or institution owed you a duty of care.
They breached that duty by not meeting the accepted standard of care.
That breach caused you harm.
Your harm led to damages.

The doctor-patient relationship generally establishes the duty of care. Meanwhile, Florida’s medical negligence statute provides the standard of care expected of health care professionals. Based on the specific circumstances of your case, they must act in a way that a reasonably prudent, similarly situated health care professional would. For example, if your doctor failed to order a standard test, and that test would have resulted in a proper diagnosis, you can argue they were negligent.

What Types of Cases Does an FHVG Failure To Diagnose Lawyer Typically Handle?

Our skilled failure-to-diagnose attorneys assist clients who experienced harm when doctors, nurses, technicians, and others negligently failed to recognize and treat various health conditions. We understand the dire consequences for people who do not receive proper treatment and leave no stone unturned in pursuing damages. Below are some common conditions doctors often misdiagnose, fail to diagnose, or diagnose too late.

Cancer Misdiagnosis or Failure to Diagnose

Doctors sometimes mistake cancer for other conditions, such as mastitis instead of breast cancer or pneumonia instead of lung cancer. These misdiagnoses often lead to severe consequences for untreated patients, including delayed treatment and progression of the disease. It is commonly accepted that for nearly any type of cancer, the sooner it is diagnosed, the better the outcome is for the patient.

Our attorneys use a trusted network of medical experts to establish a cancer misdiagnosis and demonstrate that it caused you significant harm.

Failure or Delay in Sepsis Diagnosis

Sepsis is a treatable condition that usually results from underlying infections. It can lead to serious consequences, such as organ failure, amputations, gangrene, surgeries, or death, if health care professionals don’t recognize and treat it quickly.

Our skilled lawyers can assist in collecting the lab reports and other evidence critical to proving a delayed sepsis diagnosis caused your damages. For instance, many hospitals have developed sepsis criteria and calculators to assist practitioners in diagnosing sepsis so that earlier treatment can be provided.

Failure To Diagnose Gestational Diabetes

Gestational diabetes is a common condition among pregnant women, but early diagnosis is crucial to avoiding harm to the mother and fetus. Complications of a missed gestational diabetes diagnosis can include brachial plexus, preeclampsia, respiratory distress, or stillbirth.

Our experienced birth injury lawyers can determine whether the failure to diagnose gestational diabetes resulted from a medical mistake and whether you are eligible to pursue a medical malpractice lawsuit. We have handled numerous cases where pregnant mothers developed gestational diabetes and then experienced shoulder dystocia during a delivery that was mismanaged, leading to serious injury to the newborn baby.

Failure To Diagnose Aortic Dissection

Aortic dissection happens when the aorta is damaged by high blood pressure, blunt trauma, or other conditions. A tear in the aorta requires prompt emergency treatment. Any delay is potentially fatal.

If you or a loved one has suffered harm from a missed diagnosis of an aortic dissection, we can establish malpractice. This often includes collecting evidence showing that further chest X-rays, aortic angiographies, and ultrasounds should have been ordered to detect the condition.

Failure To Diagnose Heart Attacks or Strokes

Doctors may fail to diagnose heart attacks or strokes because they miss symptoms, fail to order the proper tests, misread test results, or make other mistakes.

Our failure-to-diagnose attorneys have significant experience in these cases and a trusted network of medical experts who build a strong foundation for your claim. Our firm has handled dozens of cases involving failures to diagnose heart attacks and strokes, with many resulting in significant recoveries for our clients. For instance, we settled a case with an electrophysiologist and hospital in Miami when they failed to use the appropriate anticoagulation regimen after a heart attack, leading to a severe stroke.

We have also obtained a $2.5 million settlement for an elderly gentleman who suffered a stroke when the hospital and treating physicians failed to make a timely diagnosis, resulting in partial paralysis and aphasia.

Our accomplished Miami misdiagnosis attorneys also handle cases involving failure to diagnose pulmonary embolisms and other medical conditions. Call us today at (954) 467-6400 for a free consultation to discuss the specifics of your case.

What Compensable Damages Are Available in Misdiagnosis or Delayed Diagnosis Cases in Miami, Florida?

In your misdiagnosis or delayed diagnosis lawsuit, you can typically seek economic and non-economic damage for your losses, including the following:

Current and future medical costs
Rehabilitation costs
Home nursing or other care expenses
Lost wages and earning capacity
Costs related to modifying your home or vehicle to accommodate your injuries

You must have evidence establishing your losses. Such proof could include medical records and bills, expert testimony, and documentation of financial losses.

It is critical to have an experienced experienced medical misdiagnosis attorney help you gather this evidence. Our knowledgeable Miami misdiagnosis attorneys use their experience to guide you through the legal process. We will make a strong case for damages based on a thorough investigation of the specifics of your case.

Who Can Be Held Liable for Delayed Diagnosis in Miami, FL?

One or more people or organizations may be liable for your delayed or missed diagnosis, depending on who caused your harm. Some potential parties to your lawsuit include the following:

Our skilled medical malpractice attorneys will thoroughly investigate and analyze your case to determine all parties that contributed to your misdiagnosis, whether it was a doctor who missed symptoms, a radiologist who misread test results, or a health care facility that failed to impose proper communication protocols.

What Are the Time Limits for Filing a Medical Misdiagnosis Claim in Miami?

Florida has a two-year statute of limitations for medical misdiagnosis cases. The clock starts on the date of the misdiagnosis or the date you should have discovered it through due diligence. For example, you may not know that your doctor failed to diagnose cancer until you start showing more severe symptoms later.

In delayed discovery cases, you must still file your case within four years of the missed or wrong diagnosis. However, the four-year final deadline to file your case may be extended if the defendant used fraud, concealment, or misrepresentation to conceal your misdiagnosis.

I found it very easy to work with Freeland Harwin Valori Gander’s office and their staff was amazing. If I had questions, they would quickly answer them. My case was a couple of years in the works, but with their skill and knowledge, it was so worth it at the end. If you need an attorney to fight for you, I would highly recommend Michael Freeland and his team of attorneys.

– Joseph P., Google

Miami Misdiagnosis FAQs

How Often Do Doctors Misdiagnose Patients?

Estimates show that as many as 12 million patients are misdiagnosed each year. According to recent research, the most common misdiagnoses are colorectal, lung, and breast cancer, heart attacks, strokes, and sepsis. The odds of having many of these conditions increase with age. This is particularly concerning for the residents of Miami-Dade County, as population estimates for 2023 note that 17 percent of the county’s almost 2.7 million residents are 65 and older.

What Injuries Can Result From a Doctor's Failure To Diagnose or Misdiagnose a Medical Condition?

A recent study illustrates the dire consequences of medical mistakes, finding almost 800,000 missed diagnoses result in 424,000 disabilities and 371,000 deaths annually. Researchers concluded that diagnostic errors are likely the single most significant cause of death linked to medical errors, having a more substantial impact than other mistakes combined.

Is There a Cap on Medical Misdiagnosis Cases in Miami, FL?

There is no cap on economic damages for Florida medical misdiagnosis cases. Florida law previously capped non-economic damages at $500,000, or up to $1.5 million in certain instances. However, the Florida Supreme Court ruled that the caps on non-economic damages are unconstitutional. A recent bill proposed in the Florida Legislature aimed to reestablish the cap on non-economic damages, but that bill died in the Senate.

An experienced Miami misdiagnosis lawyer can best advise you on what your case may be worth based on your specific circumstances.

Way beyond my expectations. Their hard work and professionalism overwhelmed me when discussing a settlement. It was 19 times higher than what I had thought it would be.

– Larry T., Google

What Evidence Is Needed for a Misdiagnosis or Failure to Diagnose Lawsuit?

Contact Our Miami Misdiagnosis Attorney Today for a Free Case Review

At FHVG, we are committed to getting our clients through difficult and uncertain times. We understand you count on health care professionals to help you heal, not contribute to your health problems or cause potentially life-threatening new ones. Our attorneys are ready to help you and your family recover from physical, psychological, and financial harm.

Put our 20+ years of experience to work for you. Contact us today at (954) 467-6400 or complete our online form for a free consultation anytime, anywhere. We only collect a contingency fee if your case ends in compensation.