There was a time decades ago when a cancer diagnosis essentially meant a death sentence for the patient. Thankfully, advancements in medicine have made it possible for some individuals to live long, healthy lives. However, our firm has seen that not all healthcare providers are diligent and careful in their approach to cancer treatment. Many make critical errors in diagnosing it, while others do not comply with appropriate medical standards.
If you suffered harm because of a cancer misdiagnosis, delayed diagnosis, or failure to diagnose, you can call Freidin Brown, P.A. for a consultation with a Miami medical malpractice lawyer right away. You might also find it helpful to review some general information about your personal injury case—we offer an initial consultation at no charge so that you can learn more and take the next steps.
Get a Miami Malpractice Lawyer With Experience in Cancer Cases
When pursuing a cancer malpractice case against a doctor or other medical professional, you may need to make sense of specialized terminology, understand the typical standard of care for the condition, and find healthcare experts who can provide analysis and testimony. This is on top of the normal demands of a legal case, like paperwork, calls, and case strategy. Put simply, medical malpractice is tough. You need someone equally tough to fight for the best possible outcome.
At Freidin Brown, P.A., our medical malpractice representation has more than just knowledge of Florida’s laws. We have extensive experience in malpractice cases. As our case results show, our attorneys have won over 20 verdicts totaling over $1 million. On top of that, we utilize testimony from medical experts who can review the records and give opinions on the most specialized areas of cancer medicine. If your case goes to trial, our two Board Certified Civil Trial Attorneys are ready to defend your right to damages.
Common Mistakes in Cancer Care and How Our Malpractice Lawyers Expose Them
An American Cancer Society report stated around 1.482 million cancer survivors lived in Florida between 2019 and 2021. Of course, the two keys to beating most types of cancer are early detection followed by a proper course of care.
Failure on either front can form the basis of a medical malpractice case. Although every case is different, malpractice in the context of cancer care typically involves:
- Errors in diagnosing cancer, whether through a wrong diagnosis, a delayed diagnosis, a misdiagnosis, or not detecting the disease at all
- Failure to provide proper treatment, which is usually a result of a diagnostic error
When the diagnosis is incorrect, patients do not get essential treatment through a cancer care plan, or they may obtain it too late. If the error is a false-positive diagnosis, the patient endures harsh, unnecessary treatment that can lead to long-term complications.
Other medical mistakes could provide grounds for a case as well. A 2016 report from Johns Hopkins Medicine found that medical errors are the third leading cause of death. These mistakes could range from surgery errors to carelessness in prescribing or dosing medicine.
We know how overwhelming this can be, but let us take this off your shoulders. We aren’t intimidated by medical jargon or technicalities and can work to unearth what form of medical negligence caused your suffering.
We Protect Your Rights as the Victim of Medical Malpractice in Miami
If you were hurt because of the above cancer care errors or under other circumstances, you have the burden of proving that the healthcare provider was negligent. In other words, you must have solid evidence that your physician did not do what other doctors in the same specialty would have done when presented with the same circumstances.
Examples of medical negligence that could lead to a cancer misdiagnosis and delay in medical treatment include the following:
- Failure to obtain a patient’s health history
- Failure to conduct a thorough examination
- Failure to recognize the signs and symptoms of cancer
- Failure to order test results
- Delays in testing
- Misreading of tests, X-rays, MRIs, mammograms, and CT scans
- Laboratory errors
- Failure to communicate test results to a patient
- Failure to refer a patient for specialist treatment or follow-up care
Our Freidin Brown, P.A. team has extensive investigative resources to gather the crucial proof so we can develop a sound legal strategy around the evidence. You don’t need to take the word of a healthcare professional—you have the right to talk to a lawyer and conduct your own investigation.
The burden of proof may fall on the victim, but our Miami cancer misdiagnosis lawyers can carry the weight. We will establish that a doctor, nurse, laboratory, emergency room, or negligent hospital is liable for your injuries and resulting medical malpractice damages.
Suffered Due to Cancer Misdiagnosis or Treatment Errors? Let Us Help You Seek Justice in Miami!
You Could Receive Compensation With Help From a Cancer Malpractice Attorney
Damages in a Miami cancer malpractice case are based upon your losses as a victim. Some are based on actual dollar amounts, while others are more subjective and personal. It may be possible to recover compensation for:
- Medical costs, including treatment you received in error and your ongoing cancer-related medical expenses
- Lost income, including loss of your future earning capacity if you cannot return to work
- Pain and suffering, including scarring, disfigurement, and permanent or disabling injuries
- Emotional anguish and mental distress
- Loss of enjoyment and diminished quality of life
- Loss of consortium, guidance, and education
- Many other losses, depending on your case
Medical Malpractice Damages Help With Past Bills and Future Treatment
In cancer malpractice cases, you don’t just need compensation to cover expenses you’ve incurred. Returning to health after you undergo the wrong treatment or fighting cancer after receiving a late diagnosis both represent long-term undertakings. Cancer treatment costs can reach hundreds of thousands of dollars.
Damages for these types of cases must, therefore, consider the wide-ranging effects. We can even pursue compensation to cover therapy sessions with a psychologist or therapist to help you cope with the mental and emotional toll of going through this ordeal.
Wrongful Death Compensation Is Also Available for Fatal Malpractice Injuries
Sadly, some medical errors take their toll before victims can bring legal action themselves. If you lost a loved one due to medical negligence in a cancer case, we can help you pursue justice after their passing.
According to Florida Statutes § 768.20, a personal representative for the deceased’s estate can file a wrongful death lawsuit. Talk to our Miami medical malpractice lawyers to learn who, in your case, can serve as a personal representative and how to file a wrongful death action.
How Long Do You Have to Pursue a Cancer Malpractice Claim in Florida?
The statute of limitations for filing a medical malpractice case in Florida is two years, according to Florida Statutes § 95.11 (4)(c). The clock starts at the time your misdiagnosis occurred or was discovered. Limited exceptions apply, so it’s important to consult with an experienced medical malpractice lawyer right away to assess the statute of limitations in your particular case.
We will do everything possible to negotiate a fair medical malpractice insurance settlement before we take your case to court. However, if we must take legal action, it is essential we do so before the deadline expires.
Consult With a Miami Cancer Malpractice Lawyer Today
Cancer misdiagnosis and other errors in diagnosing and treating cancer can devastate patients and their families. However, it may come as some relief to know that you have legal options to hold a negligent healthcare provider accountable through a medical malpractice case.
At Freidin Brown, P.A., our firm focuses on these types of cases, so we have the experience and skills necessary to get the compensation you deserve. To learn more about how we can help, please call us today or fill out our online form to set up a free and confidential consultation.
Cancer Misdiagnosis FAQs
With over 45 years of experience representing victims across South Florida, our Miami cancer misdiagnosis attorneys have the legal knowledge and skills to answer all of your medical malpractice questions, including the following:
How common is cancer misdiagnosis?
According to a 2022 report from the Journal of the American Medical Association (JAMA), diagnostic errors are the most common medical mistake reported by patients and the leading cause of medical malpractice claims. The report states that some of the most commonly misdiagnosed cancers include the following:
- Colorectal cancer
- Lung cancer
- Breast cancer
- Prostate cancer
- Bladder cancer
Cancer misdiagnosis is a significant issue in Miami and throughout Florida, with studies estimating that roughly 10-28% of cancer cases nationwide are initially misdiagnosed. In Miami’s busy medical centers, errors in pathology reports, failure to order necessary tests, and misinterpretation of imaging contribute to missed or delayed cancer diagnoses. Some of the most frequently misdiagnosed cancers are lung cancer, breast cancer, and colorectal cancer, where early detection is critical. If a doctor’s negligence led to a delayed or incorrect diagnosis, a Miami cancer misdiagnosis lawyer from our firm will do everything in their power to secure justice.
What evidence do you need for a cancer misdiagnosis case?
Our Miami cancer misdiagnosis legal experts and healthcare collaborators can use the following evidence to build a robust medical malpractice case:
- Medical records
- Lab test results and diagnostic imaging
- Doctor’s treatment or examination notes
- Eyewitness statements
- Scientific and medical research
- Testimony from medical experts
Can you afford a medical malpractice attorney?
Most personal injury attorneys, including those at our law firm, represent clients on contingency. This payment structure allows us to represent you for no upfront costs or fees. We want everyone to have access to justice, regardless of their financial situation.
Our Miami cancer misdiagnosis lawyers only get paid if and when we obtain compensation for you and your family. You will never owe us money out of your own pocket.
What is the hardest element to prove in a cancer misdiagnosis case in Miami?
The hardest element to prove in a cancer misdiagnosis case in Miami is causation—showing that the doctor’s negligence directly caused harm. Even if a misdiagnosis occurred, the defense may argue that the cancer was aggressive and would have progressed regardless or that the patient’s outcome wouldn’t have changed with earlier detection. To succeed, a Miami medical malpractice lawyer must provide expert testimony from oncologists and medical specialists to demonstrate that the delay in diagnosis or incorrect treatment significantly worsened the patient’s condition. Strong medical evidence is crucial to proving that the misdiagnosis directly led to preventable harm.
