A cancer misdiagnosis can have life-altering consequences. Have you suffered harm because a doctor in Miami, FL, failed to diagnose cancer, diagnosed it too late, or even misdiagnosed another condition as cancer? These errors may be medical malpractice, and you may be entitled to compensation.
Zayed Law Offices Personal Injury Attorneys is here to help you hold the responsible parties accountable. We understand how devastating it is to learn that your suffering could have been prevented. We have recovered over $100 million for our clients and are prepared to fight for the financial recovery you need.
Schedule a free case evaluation today with a Miami cancer misdiagnosis lawyer to begin exploring your options at 305) 916-6455.
How Zayed Law Offices Personal Injury Attorneys Can Help After A Cancer Misdiagnosis In Miami, Florida
When negligence means cancer is not detected as early as it should have been, patients suffer. You may face more aggressive treatment, higher medical costs, and a worse prognosis. A doctor’s failure can even result in wrongful death. A Miami cancer misdiagnosis attorney can help you hold the negligent provider accountable.
Here’s how our legal team can help after a cancer misdiagnosis in Miami, Florida:
- Investigate your case to uncover what went wrong
- Gather evidence, including medical records
- Consult with oncology experts and other specialists
- Establish the standard of care in your case and how your care deviated
- Document the extent of the harm you have suffered and calculate your damages
- Handle all communications with insurers and medical providers
- Negotiate aggressively to seek a settlement that fairly compensates you
- Prepare your case for trial and proceed to court when necessary
As you come to terms with the harm you have suffered from a medical provider you trusted, you deserve an advocate. We are here to protect your rights and fight for what’s right. Contact us today to schedule a free consultation with a trusted Miami medical malpractice lawyer.
How Is Cancer Misdiagnosed In Miami, FL?
Cancer misdiagnosis happens when a healthcare provider:
- Fails to diagnose cancer,
- Recognizes it too late,
- Misdiagnoses cancer as something less serious, or
- Diagnoses cancer you don’t have, a scenario called a false positive
These errors in diagnosis can delay crucial treatment or result in harmful, invasive treatment that isn’t needed.
Misdiagnosis can occur at various stages of the diagnostic process. It’s often due to human error or systemic issues within the healthcare system. Common factors contributing to misdiagnosis include:
- Failure to recognize symptoms: Symptoms indicative of cancer may be overlooked or misinterpreted. This can lead to a missed or incorrect diagnosis.
- Inadequate medical history review: This can result in missing critical risk factors or genetic predispositions to certain cancers.
- Failure to order appropriate tests: Failing to order diagnostic tests or selecting the wrong tests can lead to incomplete or inaccurate information.
- Testing errors: This may include flawed biopsy procedures or improper imaging techniques.
- Misinterpretation of test results: Errors in interpreting the results can lead to false positives or negatives.
- Lack of a specialist referral: Not referring patients to appropriate specialists can delay accurate diagnosis and treatment.
In primary care, missed cancer diagnosis makes up almost half of diagnostic errors. More than three-quarters of these errors involve clinical judgment errors. Half of missed diagnoses in primary care happen when diagnostic tests are delayed or not ordered. About 37% are due to delaying or failing to get a referral or consult.
The Subjective Nature of Cancer Diagnostics
Many people assume that cancer diagnostic tests are precise and give a clear answer. The truth is that cancer diagnosis is a subjective process.
Two pathologists may have very different opinions about the results. Sometimes cancer is found, or missed, based simply on a pathologist’s experience and expertise.
An oncologist or cancer center may catch cancer that’s missed by general diagnostics. Experience in recognizing specific cancers can reduce the rate of misdiagnosis. Understanding the weaknesses of certain tests and what to look for can also reduce false negatives.
Even gold standard screening tests are not perfect and may miss cancer or have a high false positive rate. Mammography, for example, gives false-positive results in one out of every 10 mammograms. False positives can be frightening and lead to additional tests that are time-consuming and expensive.
Cancer misdiagnosis doesn’t necessarily mean a medical provider or technician was negligent. In the aftermath, you may be unsure what steps to take next, and whether a misdiagnosis even constitutes malpractice. If your cancer was missed or delayed, a careful review of your medical records will be needed.
How Long Do I Have To File a Lawsuit for Cancer Misdiagnosis In Florida?
In Florida, the time limit to file a lawsuit for cancer misdiagnosis is generally two years from the date you discovered, or reasonably should have discovered, the injury. This is known as the statute of limitations.
However, Florida also has a statute of repose, which places a strict four-year deadline from the date the malpractice actually occurred, regardless of when it was discovered. There are limited exceptions, such as when the medical provider committed fraud or concealed the error.
These cases also come with other strict requirements involving notice, a 90-day presuit investigation period, and potentially a physical examination.
Because these deadlines are strict and missing them can bar you from seeking compensation, it’s critical to speak with an attorney as soon as possible.
Contact Our Miami Cancer Misdiagnosis Attorneys for a Free Consultation
Do you believe you or someone you love has been harmed because of a delayed diagnosis or misdiagnosed cancer? The legal team at Zayed Law Offices Personal Injury Attorneys is ready to help you.
During a free consultation, we will listen to your story, help you understand if you have a case, and discuss your legal options. We will put our decades of combined experience to work to protect your rights and help you hold negligent providers responsible.
Call our office today to schedule a free case evaluation with a Miami cancer misdiagnosis attorney and learn how we can help you.
