Florida Misdiagnosis Malpractice Attorneys

If you were injured due to someone else's negligence, you may be entitled to significant compensation. Contact one of our experienced lawyers at (561) 293-2600 for legal advice and representation.

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Osborne & Francis

Why Do You Need a Florida Medical Misdiagnosis Lawyer?

In the realm of healthcare, trust and confidence in medical professionals are paramount. Unfortunately, the reality is that medical misdiagnoses can occur, leading to serious consequences for patients and their families.

Our legal team understands the profound impact that a misdiagnosis can have on your life—physically, emotionally, and financially. We have years of experience representing individuals who have suffered due to errors in medical judgment, and we are committed to seeking justice on your behalf.

With a deep understanding of both the medical and legal landscapes in Florida, Osborne & Francis brings a unique perspective to medical misdiagnosis lawsuits. Our goal is to hold responsible parties accountable for the pain and suffering they have caused, and to secure the compensation you deserve.

Your well-being is our priority, and we are here to provide the support and guidance you need during this challenging time. If you have been a victim of medical misdiagnosis, reach out to our offices in Orlando, Boca Raton, or Lakeland as soon as possible by filling out our online form or calling (561) 293-2600 for a free consultation. 

You don't have to face the legal battle alone — together, we can pursue justice and work towards a brighter, healthier future.

Video Transcript

So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:

Number One: See a doctor immediately. 

A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.

A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care. 

Number Two: Write everything down.

Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain. 

You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered. 

Number Three: Do not speak to an insurance company until you've spoken to a lawyer.

Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them. 

So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.

contact our office to speak to a lawyer.

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What Is the Difference Between Medical Misdiagnosis and Failure to Diagnose?

While they may sound similar, medical misdiagnosis and failure to diagnose refer to distinct scenarios that can have devastating consequences for patients. Here are the specifics of each:

Medical Misdiagnosis

Medical misdiagnosis occurs when a healthcare professional provides an incorrect diagnosis for a patient's condition. This can stem from various factors such as misinterpretation of symptoms, confusion between similar conditions, or errors in analyzing test results. 

In cases of medical misdiagnosis, patients may undergo treatments that are unnecessary or even harmful, leading to additional suffering and complications.

Failure to Diagnose

On the other hand, failure to diagnose arises when a healthcare provider neglects to identify or recognize a medical condition that is actually present. This could result from a failure to order crucial diagnostic tests, dismissing symptoms without proper investigation, or overlooking significant clinical signs. 

A failure to diagnose can lead to delays in treatment, allowing the underlying condition to progress unchecked and potentially causing long-term harm to the patient.


For medical malpractice lawsuits, understanding the distinction between medical misdiagnosis and failure to diagnose is crucial. Both situations can result in severe consequences, including prolonged suffering, additional medical expenses, and diminished quality of life. If you or a loved one has experienced harm due to a healthcare professional's error in diagnosis, it's essential to consult with an experienced personal injury lawyer.

At Osborne & Francis, we can represent you in either scenario detailed here, or in a more complex medical malpractice case that contains elements of both. Our team will carefully review your case, assess the circumstances surrounding the misdiagnosis or failure to diagnose, and work tirelessly to hold the responsible parties accountable.

What Damages Are Available in a Florida Medical Misdiagnosis Lawsuit?

Here are some common types of damages that may be pursued in a medical misdiagnosis malpractice case:

  • Medical Expenses: This includes current and future medical costs related to the misdiagnosis, such as additional treatments, surgeries, medications, rehabilitation, and therapy.
  • Lost Income: If the misdiagnosis has resulted in lost wages or diminished earning capacity, you may seek compensation for these financial losses.
  • Pain and Suffering: Damages may be awarded for physical and emotional pain, suffering, and loss of enjoyment of life caused by the misdiagnosis.
  • Punitive Damages: In some cases, punitive damages may be awarded to punish the defendant for particularly outrageous behavior. However, not all jurisdictions allow punitive damages, and they are typically reserved for cases involving extreme negligence or intentional misconduct.
  • Wrongful Death Damages: If a patient dies as a result of a medical misdiagnosis, their family may pursue damages through a wrongful death lawsuit. This can include funeral expenses, loss of financial support, and compensation for the emotional impact on surviving family members.

Proving damages in a medical misdiagnosis case often requires expert testimony and a thorough presentation of evidence to demonstrate the impact of the misdiagnosis on a person’s life. 

Consultation with a qualified attorney experienced in Florida medical malpractice cases is crucial to understanding the potential damages applicable to your specific situation.

Building a strong case means having access to legal resources like expert witnesses and medical specialists who can testify on your behalf. These are elements your attorneys provide as part of legal representation. Contact Osborne & Francis at (561) 293-2600 — our resources become your resources when you trust our firm with your future. 

What Kind of Cases Can a Florida Failure to Diagnose Lawyer Handle?

Medical misdiagnosis can potentially lead to injury or death when the failure to accurately identify and treat a medical condition results in harmful consequences. 

Here are several common scenarios in which medical misdiagnosis can have severe outcomes that may be addressed by a lawsuit:

  • Delayed Treatment for a Serious Condition: If a medical condition is not promptly diagnosed due to physician error or hospital negligence, the delay in treatment can allow the disease to progress to a more advanced and difficult-to-treat stage, potentially leading to more severe health consequences.
  • Incorrect Medication or Treatment: A misdiagnosis may lead to the prescription of incorrect medications or the implementation of inappropriate treatments. This can result in adverse reactions, worsening of the patient's condition, or the development of new health issues.
  • Failure to Address an Urgent Medical Situation: In emergency situations, misdiagnosis can lead to critical delays in providing life-saving interventions. For example, a misdiagnosis in the emergency room or during childbirth could delay the administration of necessary treatments for potentially fatal or debilitating conditions.
  • Worsening of Existing Conditions: A misdiagnosis may contribute to the worsening of pre-existing medical conditions. For instance, failing to recognize complications in a patient with diabetes could lead to uncontrolled blood sugar levels and associated complications.
  • Unnecessary Medical Procedures: In some cases, misdiagnoses can lead to unnecessary surgeries or medical procedures. These interventions carry inherent risks and can result in physical harm, infections, or other complications.

In the most severe cases, a misdiagnosis can contribute to a patient's death. This may occur when a treatable condition is not addressed in time, or when misdiagnosed conditions lead to complications that result in fatal outcomes.

If you suspect that you or a loved one has experienced harm due to medical misdiagnosis, seeking prompt legal and medical advice is crucial to understand your rights and options for recourse. Medical malpractice lawsuits may be pursued to seek compensation for damages and hold responsible parties accountable.

What Does a Florida Misdiagnosis Malpractice Lawyer Do For Your Case?

A medical malpractice lawyer plays a crucial role in representing individuals who believe they have been harmed due to the negligence or substandard care of a healthcare professional. 

Here's what a medical malpractice lawyer typically does for your case:

  • Gathering Evidence: To build a strong case, the lawyer will work to gather relevant evidence. This may include medical records, expert opinions, witness statements, and any other documentation that supports your claim.
  • Expert Consultation: Medical malpractice cases often require the testimony of medical experts to establish the standard of care, show deviation from that standard, and link the negligence to the harm suffered. The lawyer will consult with qualified medical experts who can provide credible opinions in support of your case.
  • Settlement Negotiations: Many medical malpractice cases are resolved through negotiation and settlement. Your lawyer will negotiate with the defendant's legal team or insurance representatives to reach a fair and reasonable settlement that compensates you for the damages suffered.
  • Filing a Lawsuit: If a settlement cannot be reached, the lawyer will file a lawsuit on your behalf. This involves drafting legal documents, adhering to court procedures, and presenting your case in court.
  • Trial Representation: If your case goes to trial, your medical malpractice lawyer will present your case in court, cross-examine witnesses, and make legal arguments to establish the defendant's liability and the extent of your damages.

Throughout the entire process, a Florida medical malpractice lawyer from Osborne & Francis is your advocate, working to protect your rights, seek compensation for damages, and guide you through the complexities of the legal system. 

Our experience in medical and legal matters is instrumental in pursuing a successful resolution to your case.

Proudly Representing Florida Residents Statewide

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What is medical misdiagnosis?‍

J. Davis

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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

C. Smith

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

E. Holland

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!


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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

T. Andrews

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

Erica F.

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

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Contact a Florida Failure to Diagnose Attorney

If you or a loved one has endured the consequences of a medical misdiagnosis, you don't have to face the legal complexities alone. Our team of experienced medical malpractice injury lawyers is committed to providing compassionate and effective legal representation for those who have suffered harm due to diagnostic errors.

Why Hire Osborne & Francis

At Osborne & Francis, we have the knowledge and resources to investigate the circumstances surrounding your misdiagnosis. We tirelessly advocate for our clients, seeking accountability from healthcare professionals and institutions responsible for the misdiagnosis. Our track record of success in medical malpractice cases speaks to our commitment to achieving favorable outcomes for our clients. 

We recognize that each case is unique, and we approach every client with the personalized attention and dedication you deserve. Contact Osborne & Francis at (561) 293-2600 to get in touch with our Florida offices nearest to you.

Your well-being is our priority, and we strive to not only be your legal advocates but also your partners in the journey toward healing and justice. Let us help navigate your path to recovery and resolution.

Frequently Asked Questions

Florida Fail to Diagnose Lawsuit FAQs

What is medical misdiagnosis?‍

Medical misdiagnosis occurs when a healthcare professional fails to accurately identify a patient's medical condition, leading to incorrect treatment or delayed care. An experienced medical malpractice lawyer can help you recover medical costs, lost wages, and compensation for the pain and suffering endured.

What types of conditions are commonly misdiagnosed?‍

Conditions such as cancer, heart disease, appendicitis, infections, and neurological disorders are commonly misdiagnosed. However, any medical condition can be subject to misdiagnosis, leading to serious and sometimes fatal or debilitating consequences.

Can I sue for medical misdiagnosis even if the doctor made an honest mistake?

Medical malpractice cases generally require proving negligence, which involves showing that the healthcare provider deviated from the standard of care. Honest mistakes may not necessarily constitute negligence, but it's important to consult with a lawyer to assess the circumstances.

Is there a time limit for filing a medical misdiagnosis lawsuit?‍

Yes, there is a deadline known as a statute of limitations for filing medical malpractice lawsuits, which varies by jurisdiction. It's crucial to consult with a lawyer promptly, as waiting too long may result in the loss of your right to pursue a claim

Contact Osborne & Francis in Florida by calling (561) 293-2600 right away to ensure your case doesn’t miss the window for justice.