Full Answer
Under Florida law, if you or someone you know was harmed due to negligence in a case of misdiagnosis or delayed diagnosis by a doctor or other medical professional, you have a claim against the concerned medical provider and can sue for damages.
Therefore, if a doctor misdiagnoses your illness or medical condition, and this leads to unnecessary suffering or pain, you can sue them for medical negligence.
Following a misdiagnosis, you can return to your regular physician to discuss the additional problems. But you do not have to take this step. Alternatively, you can pursue a second opinion from another medical care provider. However, you should act as soon as you can.
A patient trying to prove misdiagnosis must show that a doctor in the same or similar specialty would not have misdiagnosed the illness or injury. The plaintiff will have to show that the doctor did not include the correct diagnosis on the list and that a competent doctor would have included it.
Under special damages, you can claim compensation for all expenses directly due to the medical misdiagnosis. This includes doctor's fees, cost of diagnostic tests, treatment and medications, loss of earnings, cost of personal care and transportation expenses to and from the hospital for treatment.
Interpreting samples is not always easy and it is possible to get result wrong without negligence. This was only the second reported case where the issue was not whether the patient had been advised or treated correctly but was only whether a misdiagnosis was negligent.
Corrections. If you think the information in your medical or billing record is incorrect, you can request a change, or amendment, to your record. The health care provider or health plan must respond to your request. If it created the information, it must amend inaccurate or incomplete information.
Also, an issue could be considered a misdiagnosis or another kind of diagnostic mistake when: There is a delay in a diagnosis: The medical professional makes an accurate diagnosis, but after a significant delay.
Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.
It is possible they have used the wrong ICD-10 code. Your healthcare provider may be able to change the diagnosis code to one that gives you the coverage you need. If ICD-10 coding is not the reason for the billing issue, you may need to make an appeal with your insurance company.
A misdiagnosis will result in the patient becoming confused and potentially distraught when the course of treatment recommended isn't working. They may feel it's a personal failing, and even develop feelings of guilt or shame when they don't make progress under the diagnosis.
two yearsMedical Negligence Claim Timeframes The general rule is that you have two years from the date on which you suffered your injury to issue proceedings.