One of the more common medical negligence errors that result in death or have permanent consequences for the patient, is the health care provider's failure to diagnose a disease or illness properly.  Failed, or incorrect diagnosis, is not necessarily uncommon, nor is it always actionable as medical malpractice in a suit for damages.

Each state sets the rules and law for what constitutes the basis of medical negligence or medical malpractice.  Mistakes in medicine will always occur.  The issue is whether the health care provider failed to exercise a level of competence or process that met acceptable medical standards accepted in the community.

To initiate a lawsuit for doctor negligence or medical malpractice, the claim must be supported by an expert ( e.g. Board Certified Physician) who has reviewed the medical records, and concludes that the actions of the physician who missed the proper diagnosis, fell below the community standard for medical care in the community.

Beyond the fact of the missed diagnosis, it must be shown that the damage complained of was the result of the failure to diagnose and treat the disease or illness properly.  For instance, the defense may be that the outcome would have been the same even if the proper diagnosis had been made by the physician.

At Carlson & Meissner, for close to forty years our Personal Injury Attorneys have helped individuals in the Tampa Bay area who have been the subject of doctor negligence or medical errors, sort through the labyrinth of the law on this very complicated issue.