You trusted your doctor to identify your symptoms, but instead, you were misdiagnosed, or worse, your illness was ignored. That can often lead to unnecessary treatments, worsening health conditions, or even life-threatening consequences. At Souder Law, our team fights to hold negligent medical providers accountable and secure the compensation you deserve, because justice demands accountability, dignity, and full recovery.
What is Misdiagnosis or Delayed Diagnosis?
Across the United States, diagnostic errors are alarmingly common. According to the National Academy of Medicine, 1 in 18 emergency department patients experience a misdiagnosis each year, and diagnostic mistakes are linked to tens of thousands of preventable deaths annually. Florida is no exception: medical malpractice, including misdiagnosis and delayed diagnosis, continues to be one of the leading reasons for malpractice claims across the state. A misdiagnosis occurs when a doctor identifies the wrong condition, resulting in inappropriate or harmful treatments. A delayed diagnosis occurs when a physician fails to detect an illness in a timely manner, allowing the condition to worsen. Under Florida law, these errors can rise to the level of medical malpractice if the physician deviates from the accepted standard of care in medicine. To bring a successful claim in Florida, you generally must prove:
- The healthcare provider owed you a duty of care
- The provider breached that duty by failing to follow accepted medical standards
- The misdiagnosis or delay directly caused your injury or worsening condition
- You suffered measurable damages as a result (medical costs, lost wages, pain and suffering)
Common Types of Misdiagnosis or Delayed Diagnosis:
- Cancer overlooked or diagnosed too late
- Heart attack mistaken for indigestion or anxiety
- Stroke symptoms misread as migraines or fatigue
- Infections missed or attributed to minor illnesses
- Fractures or internal injuries dismissed as sprains or bruises
- Diabetes complications ignored or delayed in detection
- Sepsis misdiagnosed as flu or viral infection
- Pulmonary embolism mistaken for pneumonia or asthma
- Autoimmune disorders confused with other chronic conditions
- Medication reactions or allergies overlooked or misattributed
How We Handle Your Misdiagnosis or Delayed
Diagnosis Claim
When you come to Souder Law, we immediately begin by gathering your full medical history, treatment records, test results, and imaging studies. We consult with independent medical experts to determine where the breakdown in care occurred, whether it was a failure to order the right test, a misread scan, or a delayed referral to a specialist. Every detail is analyzed to build a clear picture of how the negligence unfolded.
We then aggressively pursue accountability. Our team prepares a comprehensive claim that identifies all responsible parties, including physicians, nurses, hospitals, and diagnostic centers. We calculate the full scope of damages, including your ongoing medical costs, lost income, and pain and suffering. With relentless advocacy, Souder Law handles negotiations with insurers and prepares your case for trial if needed, ensuring your rights are fully protected.
Damages Available in Misdiagnosis or Delayed Diagnosis Cases
In Florida, pursuing compensation for a misdiagnosis or delayed diagnosis begins with identifying every liable party, whether it’s the physician who failed to order the proper tests, the radiologist who misread results, or the hospital that failed to enforce adequate procedures. Because multiple providers are often involved in your care, holding all negligent parties accountable is critical to ensuring you recover the full value of your claim.
Once liability is established, you may be entitled to several forms of compensation, including:
- Past and future medical expenses
- Lost wages and loss of future earning capacity
- Pain and suffering
- Emotional distress and mental anguish
- Loss of consortium for spouses or family members
- Rehabilitation and long-term care costs
- Punitive damages in cases of gross negligence
What is the Statute of Limitations for Misdiagnosis
Claims in Florida?
Under Florida law, you generally have two years from the date you discovered, or should have discovered, the misdiagnosis to file a medical malpractice claim. However, there is also a four-year statute of repose, meaning no claim can be filed more than four years after the negligent act, regardless of when it was discovered. Exceptions may apply in cases of fraud, concealment, or for minors.
Steps to Take Immediately After the Discovery of Misdiagnosis or Delayed Diagnosis:
- Seek a second medical opinion to confirm your true condition
- Request complete copies of your medical records and test results
- Document your symptoms, treatments, and any worsening of your condition
- Stop taking medications or treatments prescribed in error (only under medical guidance)
- Consult with a qualified medical malpractice attorney as soon as possible
- Preserve all communication with healthcare providers and insurance companies
- Avoid signing documents or settlements without legal review
- Track all related expenses, including medical bills and lost wages
- Gather witness statements from family or friends who observed your condition
- Act quickly to protect your rights within Florida’s statute of limitations
Find Out What Your Case is Worth (At No Cost)
Souder Law is a compassionate, aggressive, and experienced personal injury firm based in Jupiter and serving all of Palm Beach County and South Florida. If you’ve suffered because of a misdiagnosis or delayed diagnosis, we fight relentlessly to hold negligent providers accountable and recover the compensation you deserve. We work on a contingency fee basis, meaning you incur no costs unless we win. Contact Souder Law today for a free case review and find out what your misdiagnosis claim may be worth.
