Cancer Misdiagnosis Guide
Being told you have cancer is a stressful and devastating health event, but finding out that your physician made an error or delayed the diagnosis can be even more shocking. A cancer misdiagnosis can have profound consequences for a patient because early detection is essential for successful treatment. Mistakes can cause patients to lose precious time, undergo invasive surgery, or suffer permanent bodily harm. Many may even succumb to cancer when it becomes terminal due to delayed or no treatment.
If you or a loved one suffered because of a diagnostic error, consider discussing your circumstances with a Florida cancer misdiagnosis lawyer from our personal injury law firm when you call 305-371-3666. You can also read on for some important information.
Types of Negligence that Cause Cancer Misdiagnosis
Cancer diagnoses often come up because of a regular physical exam, lab screening, or based upon symptoms that you experience. However, your healthcare provider may overlook or make critical errors in detecting cancer, such as:
- Failure to conduct a comprehensive physical exam
- Neglect in following up on suspicious masses or lesions
- Not communicating with you regarding a potential cancer diagnosis
- Overlooking early onset or symptoms
- Failure to recommend cancer screening based on known risk factors
- Neglect in thoroughly reviewing your medical history
- Improper reading and reviewing of lab tests, cancer screenings, or radiology imaging
- Not communicating with other physicians, treating doctors, and other healthcare providers
- Failure to offer proper referrals
Any of these oversights or errors can lead providers to miss the signs that you have cancer, make an incorrect diagnosis, or make a diagnosis long after you should have started treatment.
Early Diagnosis of Cancer Is Critical
Though the specifics may vary, there are certain forms of cancer that must be treated as soon as possible. Some types of cancer are quite receptive to early treatment, so a patient could expect a full recovery.
The time lag between detection and launching a course of treatment is especially critical with the following types of cancers:
- Breast cancer, particularly invasive ductal carcinoma
- Cervical, ovarian, or uterine cancers
- Colorectal cancer
- Prostate cancer and testicular cancers
- Small-cell lung cancer (SCLC) and non-small-cell lung cancer (NSCLC)
- Kidney and renal cancers
Cancer Misdiagnosis Harms Patients
When doctors misdiagnose or mistreat cancer, patients and their families suffer. A cancer misdiagnosis can delay medical care to the point that the disease progresses to advanced or fatal stages, resulting in potentially avoidable expenses, suffering, and even death. A false or incorrect diagnosis may also cause a patient to undergo painful and invasive treatments or surgical procedures they do not need.
How Common Are Diagnostic Injuries?
Unfortunately, a cancer misdiagnosis may happen more often than you think. A 2022 report from Johns Hopkins Medicine estimates that over 100,000 Americans die or suffer a permanently disabling injury annually due to misdiagnosis or failure to diagnose a medical condition. Nearly 40 percent of these injuries and fatalities are because of a cancer misdiagnosis. Other commonly misdiagnosed conditions include vascular events and infections.
Cancer Malpractice Victims Can Seek Compensation for Their Damages and Suffering
You can pursue economic justice if you or your loved one suffered due to medical malpractice. In general, compensation for cancer misdiagnosis may include the following economic and non-economic damages:
- Past medical bills related to your cancer misdiagnosis or for treatment you received in error
- Current and ongoing medical expenses, including diagnostic tests, medical procedures, chemotherapy and radiation treatments, hospital and doctor fees, mediations, medical devices and equipment, and nursing services
- Lost wages, earnings, and employment benefits, including loss of your future earning capacity if your injury or illness prevents you from returning to your previous job or forces you to permanently leave the workforce
- Physical pain and suffering, including scarring, disfigurement, loss of limb or bodily function, loss of mobility, and severe and chronic pain
- Emotional distress and mental anguish, including stress, depression, anxiety, reduced quality of life, and loss of enjoyment
- Lost Services of a Loved One, including household services performed by a loved one or business services for a family business, which they are unable to perform because of the misdiagnosis.
You Can Seek Justice for Fatal Cancer Misdiagnosis
If your loved one died from terminal cancer that could have been treated with a proper diagnosis or suffered a fatal cancer malpractice injury, your family may seek damages with a wrongful death lawsuit. Your family member’s personal representative (executor) can take legal action on behalf of their estate and its beneficiaries. Compensation may include the following:
- Medical care
- Funeral and burial expenses
- Loss of your loved one’s income and future financial support
- Loss of your loved one’s services, care, companionship, and guidance
- Survivors’ mental pain and suffering
Liability for Cancer Misdiagnosis Injuries
Financial responsibility for your damages will depend on who or what caused your misdiagnosis. Depending on the circumstances of your case, you may have a claim against a doctor, a nurse, or a negligent hospital or laboratory.
To win compensation, you will need to prove that your suffering and damages resulted from medical negligence. A solid malpractice case is based on the following four elements:
- Professional duty of care. A professional duty of care exists whenever there is an official doctor/patient relationship. This duty is a physician’s or nurse’s legal obligation to provide medical treatment according to the accepted standards of the healthcare community.
- Breach of duty. A healthcare provider breaches the duty of care when they fail to treat patients in a manner that most other doctors or nurses in their position would deem reasonable. A breach of duty can also be a failure to act, such as a failure to diagnose and treat cancer or another medical condition.
- Causation. You must show that the liable physician’s breach of duty caused your injury. Proof in a medical malpractice case may include medical records, eyewitness statements, testimony from medical experts, and medical and scientific research.
- Damages. Damages establish that your injury led to tangible and intangible losses. Proof of damages may include receipts, invoices, bills, estimates regarding your future losses, and evidence and testimony demonstrating your pain and suffering.
You do not have unlimited time to build your case. According to Florida Statutes § 95.11 (4)(c), you generally have two years from the date of your injury or its discovery to file a medical malpractice lawsuit. There are circumstances that could extend this deadline, but if the statute of limitations expires, the court will likely refuse your suit.
You can attempt to negotiate a fair medical malpractice insurance settlement without going to court. However, if you wait too long and lose your legal leverage, you may end up with a denied claim or lowball settlement offer. Get started as soon as possible by contacting our firm.
What To Do If You Have a Cancer Misdiagnosis Injury
There are several things you should do if you have suffered physically and financially from a cancer misdiagnosis or suspect you may have a cancer malpractice claim:
- Seek medical treatment immediately from a healthcare provider not connected to your cancer misdiagnosis.
- Follow your new physician’s orders, do not miss appointments or treatments, and maintain records of your medical care.
- If an insurance agent contacts you, do not discuss your injury or illness, medical treatment, or any other details of your claim.
- Do not accept an insurance adjuster’s initial settlement. The first offer is often a lowball payment.
- Consider consulting with a legal expert and hiring representation.
Do You Need a Cancer Malpractice Attorney?
Florida’s medical malpractice laws are complex and full of potential pitfalls. Working with an experienced cancer misdiagnosis attorney from our law firm may help you avoid common mistakes that could jeopardize your case. It also provides you with an advocate who can protect your rights and fight for your best interests. Our legal team will:
- Investigate your case and collect evidence
- Hire and consult with medical experts
- Prove your cancer misdiagnosis resulted from medical negligence
- Identify liable parties
- Calculate your current losses and obtain estimates for your long-term medical treatment and other ongoing expenses
- Draft and file your medical malpractice insurance claim or lawsuit
- Communicate with involved parties on your behalf
- Handle settlement negotiations and aggressively pursue the maximum compensation possible
- Prepare your case for civil court and advocate for you at trial if necessary
- Listen to you, respond to your needs, and provide you with individualized legal services
Talk to a Florida Medical Malpractice Lawyer About Cancer Misdiagnosis
Mistakes in providing medical care, including delayed diagnosis and diagnosis errors, fall under the legal concept of medical malpractice. Florida law provides you with rights, so you may be entitled to compensation for your losses. However, getting the money you need can often be challenging. Our law firm has a proven track record of success, with case results that include more than 20 medical malpractice verdicts of $1 million or more.
The knowledgeable cancer misdiagnosis lawyers at Freidin Brown, P.A. can tell you more about your legal options, so please contact us to discuss your situation. We can set up a free and confidential consultation at our offices in Miami or Fort Myers to review your claim and determine an appropriate legal strategy. We take cases on a contingency basis, meaning we charge no upfront costs or fees for our services.
Call us at 305-371-3666 or complete our online request form to get started today.
