Misdiagnosis and Failure to Diagnose Medical Malpractice

Florida Misdiagnosis Injury and Damage

Patients place an immense amount of faith in their medical care provider’s abilities to correctly detect and treat the medical issues they are facing. For the most part, doctors and other health professionals use their years of schooling and experience to identify and treat the maladies that affect their patients. However, there are many instances when a medical professional can fail to diagnose or may misdiagnose a medical issue that may be affecting a patient. When this happens, patients can suffer significant injuries and damages.

Medical Malpractice Injury Lawsuits

When a doctor misdiagnoses a patient’s condition because of negligence and causes them to suffer an injury then they may be considered guilty of medical malpractice. Medical malpractice is defined as when a medical or health care professional deviates from standards in his or her profession, thereby causing injury to a patient. Victims of medical malpractice will often suffer extensive damages caused by related injuries. These damages will often drastically affect a victim’s life both financially and mentally.

In the event that the misdiagnosis was caused by negligent medical malpractice, a medical misdiagnosis victim can seek compensation for the damages they suffered by filing a medical malpractice claim. By comparing the negligent actions of a medical provider that was negligent to similar professionals to gauge whether they violated the expected standard of care, a plaintiff in a medical malpractice claim can make their case for receiving the compensation they are owed. Eberst Law has helped numerous victims of injuries caused by medical malpractice and can provide you with experienced legal representation in your medical malpractice claim. To schedule a free consultation with Eberst Law you can fill out an online contact form or call our office at 772-225-4900.

What is Misdiagnosis Medical Malpractice?

The diagnosis of an illness is the determination of the health issue that is affecting a patient as determined through the study of symptoms and the carrying out of tests ranging from blood tests to MRI’s. Misdiagnosis is when the determination of what exactly is ailing a patient is incorrect, overlooked, or simply a failure. As one can imagine, this can cause quite a bit of damage when an injury is not treated correctly or is not treated at all. Injuries that may require urgent treatment can go without the urgent care that is needed. In other cases, treatment may be given for a misdiagnosed condition and the treatment can actually have a negative effect on the health condition that is actually affecting a patient. Forms of treatment such as surgery can be done to treat the wrong medical condition and expose a patient to all the risks associated with surgery such as infection and other complications unnecessarily. In other cases, medication may be prescribed to treat a condition that was misdiagnosed but it may either have no effect on the patient because of the misdiagnosis or in the worst case scenario, aggravate the actual medical condition a patient has.

Why Does Misdiagnosis Happen?

Medical professionals in many positions have to go through years of schooling and training before being able to practice medicine but despite all this preparation negligence can still occur. Doctors are still human and make mistakes and demonstrate negligent behavior. One of the most common reasons a medical condition is misdiagnosed is because a doctor fails to order the appropriate tests in response to a patient displaying certain symptoms. In other cases, a doctor may not pay attention to certain aspects of a patient’s medical history or there may be a clerical error that gets the wrong information to a medical provider.

Commonly Misdiagnosed Medical Conditions

Heart Attacks

The symptoms of a heart attack can often be mistaken for symptoms of indigestion or anxiety. As a result, a patient could miss out on the immediate treatment needed to address dangerous and often life-threatening heart attacks


Much like heart attacks, strokes can have their symptoms mistaken for other health issues of much less life-threatening and emergency natures. Younger patients that may experience strokes are especially at risk to have their strokes misdiagnosed as migraines or intoxication.


The most commonly misdiagnosed disease in the country is cancer. Cancer can occur in numerous areas that cause a variety of different symptoms that can be mistaken for being caused by other health conditions. Doctors can easily miss cancers altogether.


Mental illnesses are also at risk to be misdiagnosed. The most commonly misdiagnosed of these mental illnesses is depression. Many doctors do not look out for these mental illnesses or may simply not have the training to properly recognize them.

Consider Eberst Law as Your Medical Malpractice Attorneys

If you or a loved one have sustained an injury because of medical misdiagnosis or failure to diagnose a medical condition then do not hesitate to contact the medical malpractice attorneys of Eberst Law immediately. Our lawyers are happy to sit with you to discuss the details of your claim and provide some options on how you can go about taking legal action. Eberst Law has the medical malpractice experience you need in order to get the compensation you deserve after a painful surgical error.

The lawyers of Eberst Law understand that injuries caused by malpractice can turn your life upside down. Allow our lawyers to assist you in your pursuit of compensation by assisting in the investigation of how your malpractice occurred, securing evidence that can prove a liable party’s negligence, negotiating with the insurance company, and guiding you through the legal process. When you hire Eberst Law as your legal representation, you ensure your case is in the hands of experienced lawyers that will fight for you.

Contact Eberst Law today at 772-225-4900 or online for a free, no-risk consultation about your injuries.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994


Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601


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Attorney Jon Eberst

Attorney Jon Eberst

Jonathan Eberst, the driving force behind The Eberst Law Firm, is known in his community and across Florida for knowledge and skill in the personal injury industry. Respected for his friendly and help attitude, he has consistently helped thousands of clients, ensuring their rights are upheld. Jon's profound expertise makes him a sought-after voice in the legal community, both online and in-person.

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