Misdiagnosis Attorney

Legally Reviewed by:
David Di Pietro
Healthcare & Medical Malpractice Lawyer

Di Pietro Partner’s goal is to advocate for you when you need our help. Our team of experienced legal and medical professionals are dedicated to providing high quality informative content. The information on this page and other areas on the website is routinely fact checked, updated, and approved by our team of licensed attorneys and professional editors. If you find any errors, feel free to let us know and we will review the information immediately.

Florida Misdiagnosis Lawyers

Misdiagnosis is one of the more common reasons for malpractice lawsuits. Simply put, these lawsuits involve incorrect diagnosis or late diagnosis by a medical professional that ultimately result in serious patient injury, illness, or death. As patients, we trust the opinions of physicians and medical personnel; thus, it’s both shocking and devastating if our condition is mishandled, especially, if it would have made a difference in the outcome.

If you or a loved one suffered injury due to a wrong diagnosis by medical professionals in Florida, it’s important to have your case reviewed as soon as possible because there is a statute of limitations on your claim. The attorneys at our firm work with a board certified doctor and have the experience needed to pursue your case.

You pay no fee until we win, call for a free, confidential case evaluation today 1.800.712.8462

Misdiagnosis Statute of Limitations

Florida’s series of complex Medical Malpractice Laws can be difficult to navigate and understand. The Florida Malpractice Act places the burden of proof upon the plaintiff to prove a medical professional was in fact negligent. In order to do this, another medical professional from the same field will be needed to testify for you. Additionally, causation must be proved, meaning that there must be proof that the medical professional’s actions or failure to act was the cause for your injuries.

“An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday…”

The Florida Legislature: (2018) (Section 95.11 7b)

In other words, in many cases, there is a 2-4 year statute of limitations on malpractice claims in Florida with several exceptions (i.e. a minor child was involved). Furthermore, cases involving fraud, intentional misrepresentation, or concealment carry a 7 year maximum limit on filing a claim. As a result, it’s imperative to have your case reviewed by our legal and medical professionals as soon as possible.

Flowchart representation of Florida medical malpractice laws regarding the statute of limitations and how long someone has to file a claim.

Because of this limited time window, it is absolutely critical that you hire an experienced medical malpractice attorney to investigate your case as soon as possible.


It’s important to note, an incorrect diagnosis or late diagnosis does not automatically constitute malpractice. At the end of the day, medical professionals are human and are providing you with a qualified opinion on the best option of treatment. That being said, there are certainly instances where medical professionals are legally accountable for patient injury. To determine this legal accountability, several elements must be present; these elements include:

  • Formal patient-doctor relationship must be established. (general advice is not sufficient)
  • The medical professional must have acted negligently.
  • The error must have caused injury to the patient.


Slide with information on misdiagnosis in the medical field with the title misdiagnosis a form of malpracticeMisdiagnosed stroke – This is one of the more common diagnostic errors by hospitals/medical staff. Strokes can often be mistaken for less serious health problems such as a migraine, particularly, in younger patients.

Misdiagnosed heart attack – Similar to a stroke, heart attacks are sometimes mistaken for a panic attack or another less serious health concern.

Errors with medical records – This can occur either when doctors/medical professionals do not properly obtain or interpret a patient’s medical history, or there’s a clerical error with the records.

Incorrect medication – There are various types of medication or prescription errors that can be made by doctors or hospitals. These errors may involve being provided with the incorrect medication due to misdiagnosis by a medical professional.

Issues with lab results – If lab results are misinterpreted, this can lead to improper diagnosis.

Incorrect cancer diagnosis – It’s not unheard of for patients to be incorrectly diagnosed with cancer. This includes the identification of cancer in the wrong parts of the body, or an incorrect diagnosis all together. When this occurs, the patient is often subjected to expensive and physically/emotionally draining treatments (such as chemotherapy) that put the patient at unnecessary risks.

Delayed cancer diagnosis – On the same topic, if cancer is mistaken for a different medical condition or the diagnosis is missed altogether, proper treatment could be delayed resulting in serious health issues or death.

According to the Journal of Oncology Practice,

“In the United States, medical errors cause approximately 44,000 to 98,000 unnecessary deaths each year and as many as 1,000,000 excess injuries. Disclosure of these errors is a highly charged ethical and legal issue. While physicians correctly perceive an ethical duty to disclose an error to a patient deterrent factors like lawsuits and other punitive actions cause a “disclosure gap.”

(American Society of Clinical Oncology, 2008)


The main office of Di Pietro Partners is located in Fort Lauderdale of Broward County; however, if necessary, our experienced team of malpractice lawyers can work remotely with clients regardless of their location. In other words, as long as your issue occurred within the State of Florida, we can help. Additionally, our law firm has several satellite offices throughout the state. These office locations are available by appointment only and include the following areas:

  • Miami
  • West Palm Beach
  • Fort Myers
  • Orlando
  • Tampa
  • Jacksonville

This page was legally reviewed by David Di Pietro. David has been a practicing healthcare and medical malpractice lawyer for over a decade. Throughout this time, he’s represented client’s through various complex issues involving the healthcare system. This includes misdiagnosis, missed strokes, child birth injuries, medication errors and more. He regularly appears on national TV to provide his expertise on well known medical malpractice/personal injury matters such as the multi billion dollar Purdue Pharma Opioid Lawsuit. David is an experienced and aggressive trial attorney that has tried over fifty (50) jury trials and numerous bench trials. David is also a member of the Trial Lawyers and Health Law Sections of the Florida Bar.

This page was medically reviewed by Dr. Tiffany Di Pietro. Tiffany is a board certified physician and serves as the medical advisor for Di Pietro Partners’ medical malpractice and product liability cases. She graduated Magna Cum Laude with a Bachelor of Science degree in Psychobiology from Florida Atlantic University at 19 years old. She then went on to become the youngest graduate from the College of Osteopathic Medicine at Nova Southeastern University in Ft. Lauderdale, FL. Dr. Di Pietro is quadruple board-certified in cardiology, internal medicine, echocardiography and nuclear cardiology. Tiffany also frequently appears on national news outlets as a medical expert and commentator and has been called as an expert witness for numerous court cases.