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How is Failure to Diagnose is a Form of Medical Malpractice in Miami?

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Failing to recognize a specific injury or illness because the patient harms their health is considered a form of medical malpractice. It usually happens when a doctor / medical professional fails to diagnose by deviating from the standard of care, resulting in physical injuries to the patient.

One can file a claim against a doctor for medical malpractice in such cases. In these situations, medical malpractice lawsuits come to the rescue as a Miami medical malpractice lawyer helps you prove your point right with the help of medical records. Click here to visit their website.

In this blog, you will read how a failure to diagnose is considered a form of medical malpractice.

Other injuries are considered medical malpractice

Other than failure to diagnose, the different actions which qualify as medical malpractice are as follows.

Birth Injuries

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Birth injuries are counted as medical malpractice. Birth injuries mostly tend to happen during labor and delivery. The number of infants born out of which at least 5% are prone to having birth injuries like broken bones and damaged nerves. It can be a critical issue because a medical professional and the child have to face the consequences.

Medical Errors

Medical errors happen when the doctor/surgeon gives a particular patient the wrong dosage of medicines. It is considered medical malpractice that can harm the patient and take on their health.

These types of mistakes are common in medical errors. Besides doctors, Nurses can also be held responsible for injecting more or fewer drugs than required. It can also be due to a device malfunction through which patients are given medicines.

Again, the medical staff can be sued, including the pharmacist also. If involved, all of them can be sued by the family members filing a medical malpractice lawsuit against them.

Fighting for financial recovery after a missed diagnosis

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After all that has happened, it is essential to fight for financial recovery as the significant pointer failure to diagnose is considered medical malpractice. The patient post the medical error can be in pain and suffering. Hence, it becomes vital for the family members to opt for a medical malpractice lawsuit which is known and will help you get your financial compensation and other costs as well.

Life is unpredictable and anything might happen. Even though hospitals are objectively the safest place you can be in, it’s not always sunshine there too. Doctors, no matter how careful they are, make mistakes. It doesn’t matter if this was due to negligence or by pure accident, the end result is that you were harmed.

These medical malpractices often lead to a more serious injury. Instead of recovering, you go home with even more problems. Since the hospital rarely offers to compensate for your trouble, you need to fight for your rights. This is the time that you need to look for the best medical malpractice lawyers can offer.

Some people think they can do the whole thing by themselves. If you’re one of these people, you should know that hospitals pay a team of attorneys to defend them in the court of law. You’ll simply have no chance against them alone. If this is not enough, read on to see the 6 most important reasons why you need a specialized type of legal representative.

1. Professionals know how to handle the situation

You can hire any lawyer, but remember that a specialized one is a right choice here. The US law system is among the most complex in the world and you need a person how has already been in the game before. Ask for their license and make sure it’s from your state because the laws are different in other states.

2. The lawyer will get you the best possible compensation

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Even if you manage to win the case somehow, you surely won’t be able to get the maximum you deserve for your pain. Professionals know how things work and will sue the hospital based on how much damage they made.

3. They understand medicine

The best part of professional medical malpractice attorneys is that they know medicine so well. If you hire someone else, they’ll know the law and how to represent you before the judge, but won’t be able to understand what the other guys are saying sometimes.

If the opposite team sees that your guy knows nothing about medicine, they’ll use this fact to the maximum so they can make your lawyer look like an incompetent person for the job, thus, losing points.

4. A sure way to overcome the stress

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Handling a doctor’s malpractice is hard to swallow. You face the pain and the stress too. If you get involved in legal stuff, you will just become more stressed out. That’s why you need someone to carry out the important steps until it’s time to go to court and give your official statement. While the pros are doing their job, you’ll try to cope with the situation and get on with your life. See this great article on why stress is so serious.

5. Malpractice lawyers invest in your case

It’s a common rule for these attorneys to invest their time, resources, and connections to build the best case possible. Their paycheck depends on the track record they have. This means they’ll do everything in their power to win because winning for you and getting a better deal means more work for them too.

6. Getting faster on your feet

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If you don’t hire anyone to sue the hospital and leave the whole case as nothing happened, you’ll surely struggle in the future. One health problem causes a series of others and you must fix it before it’s too late. However, medical bills are very high and a lot of people can’t afford them.

Hiring the right attorney that will get you a great deal means a faster and better recovery. As you can see, it’s not just about money. It’s about your health much more than money. Some people think that getting hospitals to the court is not human since they work hard to get save lives.

No one denies this, but when you get hurt and you potentially face a life-shortening situation because of it, someone must compensate for the problem. This is why you need a professional medical malpractice lawyer.


While diagnosing a patient, the doctor should thoroughly research the patient’s health background to understand what is wrong and accordingly treat the patient with proper care and understanding while diagnosing.