Placing your health under the control of a medical professional is an act of faith—you expect them to take every reasonable step to understand and treat your condition. Diagnostic testing is a crucial element of this process. When a provider fails to order the correct tests or misinterprets results, serious and even life-threatening consequences may follow. If you suffered harm because a doctor did not perform the right tests, a Miami inadequate testing malpractice lawyer could help you evaluate your legal options.
Negligent testing decisions can delay diagnosis or lead to misdiagnosis, delaying treatment, exacerbating symptoms, or resulting in incorrect or harmful interventions. You may be unsure of your rights or whether a lawsuit is even possible. Our attorneys at Kaire & Heffernan will help by investigating the circumstances, consulting with independent experts, and helping determine whether medical negligence occurred. If it did, we could help you pursue a claim for compensation against the responsible provider or facility.
Ordering the wrong medical tests—or simply not ordering the right ones—may leave you without a diagnosis, delay critical treatment, or expose you to avoidable risks. In some cases, a medical provider might rely too heavily on assumptions, ignore standard protocols, or dismiss your symptoms without follow-up testing.
Common results of inadequate testing include:
If poor medical testing has caused you harm, you may face lasting physical and emotional damage. A medical malpractice claim could address these harms, but proving that inadequate testing qualifies as malpractice requires meeting specific legal criteria. Under Florida Statutes § 766.102, you must show that your health care provider breached the prevailing professional standard of care. Working with a Miami malpractice lawyer familiar with standards in medical testing could help you secure the evidence you need to meet this burden.
To bring a successful claim, you must show that a doctor or medical facility failed to provide care consistent with what a reasonably careful provider would have done under similar circumstances.
In cases involving diagnostic testing errors, this may involve proving that:
The state requires claimants to submit a verified written medical expert opinion with their notice of intent to sue, per Florida Statutes § 766.203. To secure this expert opinion on the inadequacy of testing in your case, the early involvement of an experienced Miami lawyer is essential.
A successful claim for medical malpractice related to inadequate testing may allow you to recover compensation for both economic and non-economic losses.
This could include:
The state previously imposed limits on non-economic damages in medical malpractice cases, but the Florida Supreme Court has rejected those as unconstitutional. However, different rules may apply depending on the setting in which the alleged malpractice occurred. For example, public or government-run hospitals may have limited liability under sovereign immunity laws. If you have been affected by diagnostic testing failures in Miami, you should speak with legal counsel to understand what types of damages may be recoverable in your case.
Even when doctors try their best, they may fall short of the legal standard of care—especially when diagnostic decisions are rushed or incomplete. A Miami inadequate testing malpractice lawyer from Kaire & Heffernan could investigate what happened, consult with leading medical experts, and advocate for your right to compensation.
If a provider’s failure to test or misinterpretation of results caused you harm, you may be feeling overwhelmed, uncertain, and angry. However, you do not have to navigate the legal system alone. If this type of negligence caused your injuries, we may be able to help you take action. Contact our office today to schedule a confidential consultation and learn how we could help you seek justice for what you have endured.
(305) 876-6001