Can I Sue For Emotional Distress After A Cancer Misdiagnosis?
For patients with concerns about cancer, awaiting diagnosis from a health care provider is an emotional roller coaster. Those who receive good news will be elated, while a patient’s life will be turned around upon hearing that a medical condition is cancerous. Unfortunately, statistics indicate that individuals in either group could be shocked to learn about a misdiagnosis. Cancer is one of the “Big Three” when it comes to diagnosis mistakes according to researchers at Johns Hopkins Medicine, along with vascular events and infection.
Whether you were misdiagnosed with a false-positive or false-negative, an error in detecting cancer is overwhelming. While not all diagnosis errors are grounds for a medical malpractice case, it may be possible to recover for your emotional losses if you qualify. The details about monetary damages can be complicated, so it is wise to consult with a Miami cancer misdiagnosis attorney about your situation. Some general information on suing for emotional distress should also provide insight.
Overview of Damages for Medical Malpractice
The victim’s losses are the basis for compensation in any personal injury case, including medical malpractice claims stemming from misdiagnosis. The theory behind compensation is that the patient would not have suffered losses were it not for the acts of the negligent health care provider. As a result, med mal laws seek to make the person whole after a diagnosis error, at least to the greatest extent possible. There are two categories of compensation available in these cases:
- Economic Damages: These are the definable losses or out-of-pocket costs you incur because of your injuries, including medical costs related to the physician’s misdiagnosis. Lost wages, prescriptions, and travel costs for treatment are included in this category.
- Noneconomic Damages: Though you may not have a receipt, you definitely experience many personal and subjective losses after being misdiagnosed with cancer. Pain and suffering is the term often used to describe noneconomic damages, but emotional anguish is another example.
Proving Emotional Distress After a Cancer Misdiagnosis
There is no dollar value, invoice, or other documentation associated with emotional losses, and everyone suffers differently from a cancer misdiagnosis. An additional challenge in a Florida med mal claim is the “impact” rule, which requires that the patient suffer some actual, physical harm to be entitled to emotional distress. Various forms of evidence may help overcome these hurdles and support your claim, including:
- Medical bills for chemotherapy, surgery, or radiation therapy that you did NOT need after a false-positive diagnosis;
- Input and testimony from medical experts;
- Testimony from witnesses;
- The duration of your symptoms; and
- A diagnosis of depression, PTSD, or related condition.
A Florida Cancer Misdiagnosis Lawyer Can Explain Damages
Medical malpractice is a core practice area at Freidin Brown, P.A., so our attorneys are prepared to seek all available compensation if you suffered emotional losses after a cancer misdiagnosis. To learn more about our legal services, please contact our offices in Miami or Fort Myers, FL. We can schedule a free consultation to review your circumstances and describe how damages work.
Resource:
hopkinsmedicine.org/news/publications/hopkins_medicine_magazine/medical_rounds/fall-2019/the-big-3-in-diagnostic-errors
