Many Florida parents do not consider filing a medical malpractice claim when a doctor makes an error in determining a medical issue regarding their child. The common misguided perception is that mistakes happen because doctors are human too. While this is generally true, medical professionals are held to a strict standard of care. This is actually why all physicians and treatment facilities carry significant levels of professional indemnity insurance protection. The real truth is a that misdiagnosis can also lead to a faulty treatment regimen, which in turn can lead to further injury to the child in some instances.

A leading cause of personal injury

What many parents do not realize is that medical misdiagnoses are actually rather common in the industry, and they are the leading basis for medical malpractice filings. Even though each case will be unique in some aspects, the truth is that most cases will fall into certain categories regarding material issues surrounding diagnostic errors.

Causes of misdiagnosis

Mechanical tools that doctors use in determining medical issues are typically very effective in revealing problems and measurements, but the evaluation of that information is often inaccurate. What appears as one disorder can mimic another, but further testing is not always definitive either. And with multiple testing situations, the possibility of a communication breakdown between medical treatment professionals can also occur. General causes for misdiagnosis can also include:

  • Failure to order proper testing
  • Lack of time with patients
  • Lack of knowledge in advanced diseases
  • Physician inexperience

Proving the harm

Just as in any other personal injury case, it is incumbent on the plaintiff and its attorney to prove the harm occurred due to the negligence of the respondent physician or treatment facility. Medical negligence cases can be filed against the facility as well as any attending physician, and an ineffective transfer of information or inaccurate reading of testing information can be central to that legal proof because it often leads to establishing a treatment regimen counter to the standard accepted procedure.