File a Failure to Diagnose Lawsuit

Doctor holding head in handsFailure to diagnose or misdiagnosis can have long-lasting and even fatal consequences. To file a failure to diagnose lawsuit, speak with a member of our Daytona, FL, law firm today. We have the experience, expertise, and practical knowledge needed to provide sound legal counsel. Ultimately, we want you to make informed decisions regarding your rights. Our attorneys will aggressively fight to secure the compensation you and your family deserve for your suffering. To schedule a free, no-obligation consultation, contact Chanfrau & Chanfrau.

Failure to Diagnose

A failure to diagnose or misdiagnosis is often an indicator of medical malpractice. However, in order to file a failure to diagnose lawsuit, it is important that you first understand the distinction between these two treatment errors.

Failure to Diagnose

A failure to diagnose occurs when a professional healthcare provider or doctor fails to make a diagnosis based on present indicators, and it can be reasonably expected that someone with similar expertise and experience would have correctly diagnosed the condition given the same circumstances. An example of a failure to diagnose would be a doctor failing to prescribe a biopsy on tissue that appears potentially cancerous, even though such treatment would be indicated. What makes a failure to diagnose such a dangerous omission of professional duty is that it often results in incorrect treatment being prescribed, or no treatment at all. Thus, a patient may have a treatable condition and yet not receive treatment until it is too late.


A misdiagnosis occurs when a professional healthcare provider or doctor diagnoses a condition based on present indicators, but delivers an incorrect diagnosis. As with a failure to diagnose, the test in establishing negligence is determining if someone with similar expertise and experience should or would have been able to make an accurate diagnosis in the same situation. An example of a misdiagnosis would be a doctor attributing symptoms to a condition that is not actually present, while overlooking a dangerous disease or disorder.

Establishing Negligence

When filing a failure to diagnose lawsuit, it is imperative that we show the defendant failed to uphold a reasonable and professional standard of care. If our team can show that a duty was owed and this duty was violated or not upheld, then we can establish negligence. It is important to remember that the existence of an injury is not enough to prove medical malpractice; even advanced medical techniques cannot guarantee results. Rather, medical malpractice cases are tried on the principle of comparing the defendant's actions against those which are generally accepted as being reasonable by industry professionals and experts.

Securing a successful resolution in a medical malpractice case without professional counsel is incredibly difficult. Defendants in medical malpractice cases have extensive resources and will vigorously defend their interests in court. Thankfully, our team has a wealth of experience litigating medical malpractice cases, and can call upon numerous expert witnesses to testify on your behalf. Though we provide personal and compassionate service to every one of our clients, we pride ourselves on being large enough to take on any defendant. 

Damages in Medical Malpractice Cases

Every case is different and compensation will vary based on the particular circumstances of your case. That being said, typical damages in medical malpractice cases include compensation for:

Pain and Suffering

You and your family may be entitled to just and fair financial compensation for any physical or emotional pain and suffering you have experienced. 

Medical Bills

Our attorneys can make sure any and all related medical costs are covered by the defendant. This includes on-going and long-term treatments that may now be necessary as a result of your misdiagnosis or absence of a diagnosis.


If you require physical therapy or emotional counseling due to your misdiagnosis or absence of a diagnosis, we can see to it that these costs are shouldered by the negligent parties. Your only concern should be your recovery; not how you are going to pay for medical treatment.

Loss of Wages

In the event you are unable to return to work, maintain full-time employment, or return to work in the same capacity, we can help your family recover compensatory damages for loss of wages and earning capacity. If you are permanently unable to return to work due to a disability, we will strive to recover damages that are sufficient to compensate for a lifetime of wage loss.

Take Steps to File a Claim Today

If you have questions regarding your legal rights or are interested in inquiring about your claim eligibility, contact our law office today. Our team can provide you with sound legal counsel and recommend the best way to move forward.

Attorneys at Chanfrau & Chanfrau

Chanfrau & Chanfrau

Chanfrau & Chanfrau has been serving Floridians in Daytona Beach and the surrounding areas since 1976. With three attorneys and two locations, we have the resources to help you after an accident or injury. We are proud of our many achievements, including inclusion in:

  • America's Top 100 Attorneys
  • The National Trial Attorneys Top 100 List
  • Florida Trend's Florida Legal Elite

For more information about our legal services, contact our firm online or call (386) 258-7313 today.

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