Failure to Diagnose Breast Cancer Lawyer

If a doctor fails to properly diagnose you with breast cancer, it may be considered a form of medical negligence. You can potentially file a lawsuit against your treating physician, a radiologist, and/or the hospital system as a whole. Our law firm can help you determine who might be liable for your cancer misdiagnosis.

A failure to diagnose breast cancer cases is a type of personal injury claim known as medical malpractice. These cases are based on a theory of medical negligence. Generally, the injured party, or plaintiff, will have to prove that the medical professional (defendant) failed to meet the standard of care for their profession. 

As the person bringing the lawsuit, you will have the burden of proving that the defendant was negligent (careless) in failing to diagnose your breast cancer. This involves introducing evidence of four elements:

1. The defendant owed you a duty to use a level of care that is acceptable and appropriate by reasonably prudent similar healthcare providers;
2. The defendant violated that duty; 
3. You suffered harm as a result; and
4. The defendant’s violation was a cause of your injuries.

In medical negligence cases, liability usually comes down to whether or not the medical professional met the standard of care for their specific specialty or area of practice. For example, if you see a physician assistant, then that medical provider will be held to the standard of care for physician assistants, not doctors.

In failure to diagnose breast cancer cases, you might have a claim against your treating doctor (such as a gynecologist who performs a breast exam and orders a screening mammogram) as well as the radiologist who reviewed and analyzed your test results. If both doctors played a role in your missed diagnosis, then a medical malpractice case will involve proving that the gynecologist failed to meet the appropriate standard of care for gynecologists and the radiologist failed to meet the standard of care for radiologists.

Under Florida law, the plaintiff in a medical malpractice claim must prove that the standard of care was violated. Your Vero Beach medical malpractice lawyer will consult with medical experts who can draft a written report and/or testify on your behalf that the medical professionals involved in your treatment violated the standard of care. We will collect your medical records, statements from witnesses, and other evidence for an expert to review in support of your case. 

This expert will be a professional who works within the appropriate field, such as gynecology, radiology, or oncology. After reviewing evidence in your case, if they determine that medical negligence occurred, our law firm will provide notice to the defendants of our intent to file a claim on your behalf. The defendants will have 90 days to investigate your claim. After this 90-day period, we will be able to file a medical malpractice lawsuit.

Failure to diagnose breast cancer can lead to devastating results, including more advanced forms of cancer or the cancer spreading to other parts of your body. While you are going through cancer treatment, you may understandably be reluctant to move forward with a lawsuit. However, it is often the best way to seek justice and make sure that you get the money that you deserve for your losses.

The majority of personal injury claims (including medical malpractice cases) are resolved outside of court. While the thought of going through the legal system may seem overwhelming, there is a very low likelihood of your case going to trial. It is often necessary to file a lawsuit to protect your legal rights and allow the parties to continue settlement negotiations.

If the defendant and their medical malpractice insurance company will not offer you a fair settlement, our experienced trial lawyers will advocate for you in court. We will introduce evidence, question witnesses, and make arguments before asking a jury to return a verdict in your favor. Throughout the process, we will keep you informed and help you understand your rights.