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Fort Lauderdale Misdiagnosis Lawyer
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.
A doctor's mistake shouldn't be your burden to carry. While you focus on getting the right treatment, we’ll focus on holding them accountable. Reach our team at (561) 293-2600 for a free consultation.
When you see a doctor, you trust them with your life. You expect them to listen and find out what is wrong. But what happens when they miss a life-threatening illness or tell you that you are fine when you aren’t? A mistake like this isn't just a small error. It can change your life forever.
We’ve all heard stories about patients whose right leg was amputated instead of their left, or a patient who was told she was cancer-free and didn’t need chemotherapy when that wasn’t the case, or a patient who was told her aches and pains were all in her head, only to discover she had a life-threatening illness.
If you or your loved one suffered harm because of a misdiagnosis or delayed diagnosis, our Fort Lauderdale medical misdiagnosis lawyers are here to help you. At Osborne, Francis & Pettis, we are real, tough lawyers who take on the big hospitals and insurance companies for you. Call us today at (561) 293-2600 or contact us online for a free talk about your case.
“They were able to help us and give us closure to our family loss. Fabulous negotiators, and at the same time, they showed respect and empathy for our family. Many thanks to the Osborne, Francis & Pettis team.”
- Iris H. | Client
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.
A medical misdiagnosis happens when a healthcare professional fails to correctly identify a patient’s condition. This can lead to the wrong treatment, a delay in treatment, or no treatment at all.
In Fort Lauderdale, if a doctor’s mistake falls below the "standard of care,” meaning they didn't do what a careful doctor would have done in the same situation, it may be considered medical malpractice.
Types of Misdiagnosis a Fort Lauderdale Misdiagnosis Attorney Can Help With
Total Misdiagnosis
A doctor tells you that you have one illness when you actually have another. This often leads to taking medication you don’t need while your real illness gets worse. The AARP recently reported that, according to the Journal of the American Medical Association, frequently misdiagnosed conditions are colorectal cancer, lung cancer, and breast cancer.
This can also lead to unnecessary treatment, which may itself have a negative impact on the patient’s health.
Delayed Diagnosis
A doctor eventually finds the right problem, but it takes way too long. For conditions like cancer or a stroke, every minute counts. A delay can mean the difference between a full recovery and a permanent injury.
When a correct diagnosis is finally made after a significant amount of time has passed, the risk and potential harm are that the condition has worsened, such as in the case of a cancer metastasizing, thus making it harder to treat or losing the opportunity to treat the condition completely.
Failure to Diagnose
A doctor gives you a "clean bill of health" and sends you home, even though you are actually sick.
The Truth About Misdiagnosis in Fort Lauderdale
Misdiagnosis is not a rare problem in Florida, and the numbers make that clear. In 2024, the National Practitioner Data Bank (NPDB) recorded more than 1,000 medical malpractice incidents across the state. That total represents roughly 10% of all reported cases nationwide—placing Florida among the highest-risk states for medical errors.
Florida ranked third highest in the country for medical malpractice claim rates. During the five-year study period, the state recorded 96 malpractice payment reports for every 1,000 practitioners. That rate is 88% higher than the national average of 51 claims per 1,000 practitioners. With more than 58,000 medical practitioners statewide, Florida saw 5,608 malpractice payment reports during that timeframe.
Will I Need a Fort Lauderdale Medical Misdiagnosis Lawyer?
Medical misdiagnosis cases are far more complicated than most people expect, especially in Fort Lauderdale. These claims are tightly regulated, heavily defended, and built on medical details that are easy for insurance companies to challenge. Even when a mistake seems obvious, proving it under Florida law is another matter entirely.
Before a lawsuit can even be filed, Florida requires a qualified medical expert to review the case and formally state that the doctor likely violated accepted medical standards. If that step is done incorrectly, or not at all, the case can be dismissed before it ever reaches court.
A Fort Lauderdale medical misdiagnosis lawyer understands these requirements and knows how to meet them from the start.
Misdiagnosis cases also demand a clear, evidence-backed explanation of what should have happened versus what actually happened. That means securing medical records, identifying missed warning signs, and working with physicians who can explain why a diagnosis was delayed, wrong, or ignored.
Without that groundwork, insurers often argue that the outcome was unavoidable or unrelated to the doctor’s decisions.
Do I Qualify for a Fort Lauderdale Misdiagnosis Lawsuit?
You may want to speak with a Fort Lauderdale medical misdiagnosis attorney if:
Your condition became more serious after a doctor dismissed your symptoms.
You received treatment for the wrong illness while the real problem went untreated.
A physician failed to order tests that could have confirmed a diagnosis.
A serious condition, such as cancer, stroke, or heart disease, was discovered only after it was too late.
You lost a family member following a delayed or missed diagnosis.
Having a lawyer in your corner matters because misdiagnosis claims are rarely about one bad decision. They often involve patterns, such as missed test results, rushed appointments, incomplete chart notes, or breakdowns between providers. A Fort Lauderdale misdiagnosis lawyer knows how to uncover those details, present them clearly, and push back when healthcare providers deny responsibility.
Getting guidance early can make the difference between a case that stalls out and one that is taken seriously. Reach out to Osborne, Francis & Pettis today online or by calling (561) 293-2600.
Frequently Misdiagnosed Conditions
It’s scary but true–doctors make the most medical errors when diagnosing the most serious medical conditions. The so-called big three represent nearly 75% of all misdiagnosis claims:
Vascular events constitute a large volume of medical errors in terms of diagnostic mistakes. Heart attack, stroke, and aneurysm are examples. These are conditions that require immediate treatment, making a prompt, accurate diagnosis essential.
Infections. Diagnostic errors of sepsis are the most common, and the outcomes are poor for the patient. With sepsis, a patient can suffer an organ shutdown, post-sepsis syndrome, and even death.
Cancer represents a large volume of diagnosis mistakes. Lung cancer often is not diagnosed on a timely basis, with only about 16% of lung cancer cases diagnosed at an early stage.
How Will a Fort Lauderdale Misdiagnosis Lawyer Prove My Case?
In Florida, medical malpractice laws cover a wide range of errors made by healthcare providers. Diagnostic errors are included, but the statute uses general language to describe medical negligence. If a physician deviates from the standard of care that applies to the situation, they may be held liable. Therefore, the specifics of this standard are important.
For a medical malpractice lawsuit related to a misdiagnosis claim, you must prove:
You had a doctor-patient relationship such that the doctor owed you a duty of care.
What the standard of care is. In order to determine if your doctor was negligent, he or she will be measured against other physicians with the same training, skill, and level of care who are faced with the same facts as your case.
Once you establish the standard of care, you need to prove how your doctor deviated from it. Examples are not ordering the proper tests, failing to conduct a thorough exam, misinterpreting test results, or other medical errors.
You suffered injuries for which you are entitled to compensation.
What Causes Misdiagnosis?
There is a broad range of reasons for diagnostic errors. These include miscommunication between patient and doctor, the patient’s failure to describe symptoms properly, the misreading of a diagnostic test, or the failure of the doctor to order tests that are clearly indicated. Sometimes, incorrect medical records can result in a misdiagnosis or a delayed diagnosis.
Sometimes, doctors misread medical records. And there are thousands of diseases and a more limited number of symptoms, sometimes making it difficult for physicians to put the two together for a proper diagnosis. Medical errors are the most common reason for misdiagnosis or delayed diagnosis.
What Compensation Can a Fort Lauderdale Misdiagnosis Attorney Help Me Recover?
A misdiagnosis doesn’t just affect your health—it can be expensive and disruptive in ways most people don’t expect. From hospital bills to lost income, the costs can pile up fast, and the emotional impact can be just as heavy.
Some of the ways a misdiagnosis can affect you include:
Medical bills: Additional tests, treatments, surgeries, or hospital stays that could have been avoided.
Ongoing or future care: Long-term treatment for complications caused by the misdiagnosis.
Lost income: Time off work due to illness, recovery, or worsening conditions.
Permanent injury or disability: Reduced mobility, chronic pain, or lasting health problems.
Emotional and mental strain: Stress, anxiety, and the emotional toll of dealing with a worsened illness.
Reduced quality of life: Inability to participate in daily activities, hobbies, or time with loved ones.
Loss of a loved one: In the worst cases, a missed or delayed diagnosis can be fatal.
A Fort Lauderdale misdiagnosis lawyer can help you document all of these impacts, ensuring your case reflects the full cost—financial, physical, and emotional—of what you’ve endured. And when it comes to negotiating with insurance companies, having an experienced attorney can make a real difference.
According to a study by Martindale-Nolo, most patients who held out for a better deal received settlements that were, on average, $30,700 higher than those who accepted the first offer. With the right guidance, you don’t have to settle for less than your case is worth.
Proudly Representing Fort Lauderdale Residents
Is there a time limit on my Fort Lauderdale misdiagnosis claim?
Why People Trust Osborne, Francis & Pettis
J. Davis
“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
“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!”
T. Andrews
“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.”
E. Holland
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!
Alfred
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.
Erica F.
"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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Why Hire the Fort Lauderdale Misdiagnosis Lawyers at Osborne, Francis & Pettis?
At Osborne, Francis & Pettis, we don’t treat clients like numbers. Every person who walks through our doors is treated with dignity, respect, and a commitment to holding medical providers accountable.
Our work speaks for itself. For example:
$4.5 Million Settlement – Stroke Misdiagnosis: Our client did not receive timely medication in the Emergency Department to treat an evolving stroke, leaving him with permanent neurological deficits. We worked directly with the medical providers and insurance companies to resolve the claim before filing a lawsuit.
$500,000 Settlement – Neurologic Injury from Missed Diagnosis: After being incorrectly discharged from an Emergency Department, our client suffered a serious neurologic event at home the next day.
Cases like these show why having the right Fort Lauderdale misdiagnosis lawyer matters. We combine local knowledge and a determination to make sure your story is heard and your rights are protected. With Osborne, Francis & Pettis, you have a team that fights for accountability, not quick settlements. Reach out to us today online or by calling (561) 293-2600.
Frequently Asked Questions
Fort Lauderdale Medical Misdiagnosis FAQs
Is there a time limit on my Fort Lauderdale misdiagnosis claim?
In Florida, the statute of limitations for misdiagnosis is two years. This may be extended to four years in cases where the injury wasn’t immediately discoverable. The only exceptions after four years are for cases involving fraud or concealment.
What if my child was misdiagnosed?
Florida law is a bit more flexible for children. The four-year "hard deadline" usually does not apply until the child’s eighth birthday. This gives parents more time to see if a medical error caused developmental delays or other long-term issues.
How much is my misdiagnosis case worth?
Florida law places limits on certain non-financial damages in medical malpractice claims. These damages include things like physical pain, emotional distress, and the lasting effects a medical injury can have on daily life.
As of 2025, most medical malpractice cases are subject to a $750,000 cap on non-economic damages. In cases involving especially severe harm, such as permanent vegetative states or wrongful death, the limit may increase to up to $1.5 million.
Because these limits can depend on the specific facts of a case, understanding how they apply often requires a closer legal review.
Does misdiagnosis count as medical malpractice?
A misdiagnosis may qualify as medical malpractice if a doctor failed to act the way another reasonably careful physician would have under the same circumstances, and that mistake caused harm. Not every wrong diagnosis meets that standard, as some medical conditions are difficult to identify, and doctors can follow accepted practices yet still reach the wrong conclusion.
Factors like rare illnesses or incomplete patient histories can complicate diagnosis without necessarily involving negligence. That said, if you believe a misdiagnosis led to serious harm, speaking with a Fort Lauderdale misdiagnosis lawyer can help determine whether the error crossed the line into malpractice.
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