Medical Misdiagnosis Lawyer

Medical misdiagnosis is a common issue that affects many patients every year. It occurs when a doctor or healthcare provider fails to accurately diagnose a medical condition, leading to incorrect or delayed treatment. This can result in serious harm to the patient, including further illness or injury and even death. If you or a loved one has suffered from a medical misdiagnosis, it's important to seek the help of a medical misdiagnosis lawyer. Contact Hinkle Law Firm today.

What is Medical Misdiagnosis?

Medical Misdiagnosis Lawyer

Medical misdiagnosis is a severe issue in the medical field. Approximately 20 percent of all fatalities can be traced back to a medical misdiagnosis, whether from a failure to diagnose, a wrong diagnosis, or a delayed diagnosis. While the chance of death resulting from medical misdiagnosis is worrying, nonfatal misdiagnoses are just as concerning.

Errors can lead to a worsening of a condition or cause stress for the patient and their family. Additionally, unnecessary expense and wasted time may be incurred by unnecessarily performing tests and therapies that should not have been necessary had the diagnosis been correct. In extreme cases, incorrect medications may be prescribed that could result in adverse side effects, further impacting the patient’s health.

Types of Medical Misdiagnosis

There are many types of medical misdiagnosis. Let's review those.


A common misdiagnosis is misdiagnosing a disease or condition the patient does not have.

Delayed Diagnosis

A delayed diagnosis is where the correct diagnosis is made later than it should have been.


An overdiagnosis is when a patient is diagnosed with a condition that does not require treatment.


Underdiagnosis is where a patient's condition is not diagnosed despite symptoms.

The Three Things You Need To Prove a Medical Misdiagnosis

To prove a medical misdiagnosis, three key things need to be established.

1. There Was A Duty of Care

First, it must be shown that the healthcare professional has a duty of care toward the patient. This means that the healthcare professional is responsible for providing the patient a certain standard of care.

2. The Duty of Care Was Breached

Second, it must be proven that the healthcare professional breached their duty of care by failing to diagnose the patient correctly. This can be established by showing that the healthcare professional did not follow standard diagnostic procedures, misread test results, or failed to consider essential symptoms.

3. Breach of Duty of Care Caused Significant Harm or Death

Finally, it must be demonstrated that the misdiagnosis caused harm to the patient, such as delayed treatment or unnecessary treatment, which resulted in physical or emotional damage.

By proving these three elements, a patient may be able to seek compensation for a medical misdiagnosis.

What Are The Most Common Medical Misdiagnosis?

Along with cancer which is often misdiagnosed due to its most general yet subtle symptoms, other diseases such as:

  • Lyme disease
  • Stroke
  • Meningitis
  • Heart attack
  • Breast cancer
  • and pelvic inflammatory disease are commonly missed by healthcare providers.

What Are Common Symptoms Of Medical Misdiagnosis?

Medical misdiagnosis is a severe issue, as it can allow diseases to progress to a more advanced level before diagnosis. Patients must be aware of the common signs and symptoms that may suggest they need further testing or that their condition has not been properly identified.

Those who experience any of the following indicators should seek medical attention right away:

  • unusual or worsening fatigue
  • persistent uncharacteristic pain
  • sudden swelling or weight gain in one area
  • profound or worsening mood swings/personality changes
  • persistent fever/chills accompanied by night sweats
  • persistent headaches even after rest or medications
  • an unexplained rash/bruise that does not go away within a few days.

How Can a Medical Malpractice Lawyer Help?

Medical malpractice can be defined as any act or omission by a healthcare provider which deviates from accepted standards of practice and causes injury or death to the patient. In such situations, a medical malpractice lawyer can help the victim or their family to seek justice and compensation for the harm caused. Medical malpractice lawsuits can be daunting; here's how our team can help.

Evaluate the Case

An experienced medical malpractice lawyer from Hinkle Law Firm will first evaluate the case to determine if there is a valid claim. We will review:

  • the medical records
  • interview witnesses
  • and consult with medical experts to determine if the healthcare provider acted negligently

File a Lawsuit

If your personal injury lawyer determines a valid claim, they will file a lawsuit for the victim or their family. This involves:

  • preparing and filing legal documents
  • serving the defendant with a copy of the complaint
  • and engaging in pre-trial discovery to gather evidence to support the claim.

Negotiate a Settlement

Medical malpractice claims are often settled out of court through negotiations between the victim's lawyer and the defendant's insurance company. Your experienced lawyer will negotiate with the insurance company to obtain a fair settlement compensating the victim for their:

  • injuries
  • medical expenses
  • lost wages
  • and other damages.

Represent the You  in Court

If the case goes to trial, your medical malpractice lawyer will represent you in court. We will present:

  • evidence
  • cross-examine witnesses
  • and argue the case to the judge and jury.

Your lawyer will use their knowledge of medical malpractice law and their experience in the courtroom to obtain a favorable verdict.

Provide Support and Guidance

A medical malpractice lawyer can also provide emotional support and guidance to you and your family throughout the legal process. We will explain the legal process, answer questions, and provide reassurance during a difficult and stressful time.

If you or a loved one has been a victim of medical malpractice, it's essential to consult with a medical malpractice lawyer as soon as possible. They can help you to understand your legal rights, evaluate your case, and seek justice and compensation for the harm caused.


How Much Does a Medical Misdiagnosis Lawyer Cost?

We work on a contingency basis for personal injury claims such as medical malpractice. A contingency fee basis means we do not charge you anything unless we win a settlement in or out of court. This fee structure ensures we work hard for your case and that you don't have even more out-of-pocket expenses during a stressful time. We also offer contingency fee schedules for other practice areas, such as:

What Should I Do if I Suspect I'm a Victim of Medical Misdiagnosis?

If you suspect that you are a victim of medical misdiagnosis, it is crucial to seek a second opinion from a different medical professional. You may also want to request copies of your medical records and review them carefully to see if there were any errors or oversights. If you believe you have suffered harm due to the misdiagnosis, you may consider contacting a medical malpractice attorney to discuss your legal options. It is crucial to take action as soon as possible, as there may be time limits for filing a claim.

Can I Sue for a Medical Misdiagnosis in Florida?

Yes, you can sue for a medical misdiagnosis in Florida. However, you must prove that the misdiagnosis harmed or injured you. It is essential to consult with a medical malpractice attorney to determine if you have a valid case and to guide you through the legal process.

What Damages Can I Pursue In a Medical Misdiagnosis Lawsuit?

There are many types of damages you can pursue after a car accident. Some of those are:

Economic Damages

Economic damages are losses that arise from an injury or harm to another’s property, business, or finances. Economic damages include:

  • Past medical expenses (related to the accident)
  • Future medical bills
  • Lost wages
  • and lost income

Non-Economic Damages

Non-economic damages are damages that cannot be quantified or measured. These include:

  • pain and suffering
  • emotional distress
  • inconvenience
  • destruction of one's quality of life
  • scarring or disfigurement

Punitive Damages

Punitive damages are a type of legal damages that a court will award to punish the wrongdoer for egregious misconduct or to set an example for other potential violators. They are generally in addition to any other compensatory damages that were awarded.

Special Damages

Special damages, also known as consequential damages, do not occur directly from a breach but are considered a consequence of that breach. They include economic losses such as lost profits or the cost of repair or replacement. They may also include other losses, such as emotional distress due to the breach.

Contact Hinkle Law Today

If you feel a doctor has misdiagnosed you, contact a medical misdiagnosis lawyer from Hinkle Law for a FREE consultation.

Let Us Help You.

To us, the most important thing is when your case is resolved you are happy with the results. To schedule your free initial consultation, please call us  or send us an email. All cases are taken on contingency so you pay nothing unless you are compensated.

Contact Hinkle Law

Florida personal injury attorney serving communities throughout Florida including: Tallahassee, Pensacola, Jacksonville, Gainesville, Orlando, Tampa, Lakeland, Clearwater, St. Petersburg and Leon County.

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