A missed diagnosis is medical malpractice if it causes harm and meets the criteria. This is because healthcare professionals are bound by the crucial responsibility of adhering to accepted standards. However, not every missed diagnosis automatically qualifies as malpractice; proving it requires demonstrating the provider's actions fell below the accepted standard, resulting in direct harm to the patient.
It's important to note that misdiagnosis alone does not automatically qualify as medical malpractice, as even experienced and competent doctors can make diagnostic errors.
For a malpractice claim to be valid, the misdiagnosis or failure to diagnose must result in inadequate medical care, possibly delayed treatment, or lack of treatment. Additionally, these failures must contribute to a deterioration of the patient's overall condition. A misdiagnosis case can have various scenarios, including:
In some instances, a doctor may accurately diagnose one condition but misdiagnose another, overlook the need for a second diagnosis, or fail to recognize complications that alter or exacerbate an existing condition.
To be considered medical malpractice, the error of a missed diagnosis must rshow failure to meet the "standard of care." According to Florida law, all physicians have the legal duty to diagnose and treat their patients in accordance with generally accepted medical knowledge, practices, and procedures. If another healthcare professional would have provided a timely and accurate diagnosis under the same circumstances, then a missed diagnosis can be grounds for a malpractice claim. However, missed diagnoses aren’t considered medical malpractice in all cases. For these to be taken into account for a valid malpractice case, there is criteria such as: