Few medical decisions are as impactful as diagnosing cancer. A delay can be the difference between living a full life to your expected lifespan and an early death.
Talk to an Orlando cancer misdiagnosis lawyer at Colling Gilbert Wright if you believe a medical error led to the delayed treatment of your cancer. Our experienced medical malpractice attorneys have a stellar reputation among both legal and medical professionals, and we have a long record of success in obtaining compensation for our clients.
Failures Lead to Misdiagnosis
Understanding how to best respond to a patient’s symptoms is part science, based on data and study over many years. Most medical facilities and practices have protocols they follow when a patient reports specific symptoms, and most medical specialties have developed best practices to encourage faster and more accurate diagnosis.
However, an individual physician’s knowledge and biases also play a role in diagnosing disease. They may dismiss a patient’s reported symptoms or attribute them to a benign condition if the patient does not fit the usual profile of a cancer patient. Doctors sometimes fail to order helpful tests or procedures due to cost considerations, or they may misinterpret the results of screening tests.
If a physician fails to act in the manner a reasonably competent doctor with similar training would have acted, the physician may have committed medical malpractice. Our Orlando attorneys at The Florida Firm Injury and Accident Lawyers will review your medical records to determine whether the doctor failed to meet a reasonable standard of care when they missed the cancer diagnosis.
What Is the Impact of Misdiagnosing Cancer?
When caught early, many forms of cancer are responsive to treatment. Early detection is correlated with better outcomes in cancer cases affecting the breasts, colon, cervix, and bladder, among others. Even when early detection does not markedly decrease mortality, it can often provide patients with more options and a better quality of life.
When a cancer grows undetected for some time, there may be fewer treatment options. The options that are available may be less effective and have more unpleasant side effects.
Proving Harm
When you sue a doctor for medical malpractice related to a misdiagnosis of cancer, you must prove that the delay caused harm. If your outcome would have been substantially the same even if the doctor had made the correct diagnosis, you may not have a viable malpractice case, even though the doctor made a mistake.
Our Orlando lawyers will have a medical expert review your case to establish that the cancer misdiagnosis caused preventable harm. You can establish harm if the misdiagnosis:
- Led to suffering with unrelieved symptoms
- Caused you to undergo unnecessary or ineffective treatment
- Allowed the cancer to spread, causing preventable damage to the body
- Limited the treatment options available
- Created unnecessary stress as you searched for a cause for your symptoms
A statistically higher likelihood of mortality is not sufficient to prove that the misdiagnosis caused actual harm. You must have suffered documentable losses to prove malpractice.
Procedure for Medical Malpractice Claims
The law imposes a complex procedure for medical malpractice claims. An Orlando attorney must conduct a pre-suit investigation of any claim for misdiagnosis of cancer and comply with a notice period before filing a medical malpractice lawsuit.
The pre-suit investigation requires a medical expert to certify that the medical record provides evidence that the doctor or medical facility you intend to sue did not provide an appropriate standard of care. Florida Statutes § 766.106 requires you to send the expert opinion, your medical records, and details of your claim to the parties you intend to sue before you file the lawsuit. The parties then have 90 days to review the information and conduct their own investigation.
In many cases, negotiations to settle the case occur during or at the conclusion of the 90 days. If the defendants do not acknowledge any liability, we will file a lawsuit. Even if we must file a lawsuit, negotiations usually produce a settlement, but we will take a case to trial when necessary to obtain fair damages.
Damages in Misdiagnosis Cases
Your damages in a medical malpractice case include medical expenses incurred because of the misdiagnosis, lost income, and incidental expenses. You can also claim pain and suffering damages for the impact of the mistaken diagnosis. Our attorneys have obtained seven-figure verdicts and settlements for victims of incorrect diagnoses.
Contact Our Orlando Attorneys If Your Cancer Was Misdiagnosed
When a misdiagnosis harms you, seek compensation from the doctor who erred. You can talk to an Orlando cancer misdiagnosis lawyer at The Florida Firm Injury and Accident Lawyers about your experience at no risk, because consultations are free and we only charge if we win your case. Get in touch with our medical malpractice intake team today.