Medicine is far from an exact science, and there are countless ways healthcare providers can make mistakes when working with patients. At the end of the day, though, every single error falls under one of just two categories: diagnosis mistakes or treatment mistakes.
Even if you are a caring, compassionate, and meticulous healthcare provider, you can expect to face a malpractice lawsuit at some point in your career. According to the Insurance Journal, nearly every doctor is named in at least one claim while practicing medicine, and according to LIVESCIENCE, most of these suits involve a diagnosis error. If you are being sued for the delayed diagnosis of a serious illness or condition, it is essential that you start building your defense immediately. The medical malpractice defense attorneys at Lubell Rosen have the legal strategies, experience, and resources to represent your interests. Call (954) 880-9500 to schedule a consultation.
Defending Against Delayed Diagnosis Medical Malpractice Claims
Even the most experienced and attentive physicians can find themselves facing a lawsuit for delayed diagnosis. Since there are so many variables that can affect how a disease presents itself, it is entirely possible for doctors to make delayed diagnoses despite their best efforts to provide quality care. If you are facing a claim following a diagnostic error, you may be able to build a defense around one of the following concepts:
1. A Fear of Over-Treating the Patient
Some diagnostic tests such as biopsies can be fairly invasive. Every surgical procedure poses certain risks, and it is reasonable for doctors to avoid performing them unless they are absolutely necessary. If you had reason to conclude that performing more invasive tests would have constituted “over-treating” the patient given the circumstances, this could work in your defense. Citing studies that demonstrate how conducting unnecessary tests can cause more harm than good may help strengthen your case.
2. A Reasonable Standard of Care
If other physicians would have taken as long as you did to arrive at a diagnosis, you can argue that you did not breach the duty of care. Some cases are simply more complicated than others, and just because a patient is unhappy with the outcome does not mean negligence played a role at any stage of diagnosis or treatment.
3. A Lab Error or Device Malfunction
According to Oxford Academic, laboratory errors are fairly rare, but they can and do occur. Likewise, medical equipment can malfunction, resulting in inaccurate test results and, subsequently, delayed diagnoses. If a lab error or device malfunction was the cause of your patient’s late diagnosis, he or she may have a valid malpractice claim, but it would not be against you.
Discuss Your Case with a Medical Malpractice Defense Lawyer in Florida
If you are facing a lawsuit, turn to the AV-rated medical malpractice defense lawyers at Lubell Rosen. Call (954) 880-9500 or Contact Us Online to schedule a case evaluation with a medical malpractice defense attorney in Florida.
