Cancer Misdiagnosis Lawyers Florida

If a physician fails to diagnose you with cancer, you might be able to file a lawsuit against them. You may also be able to pursue compensation from other parties, such as the hospital system and other medical professionals (such as a radiologist who misread your scans).

Cancer misdiagnosis claims are a type of personal injury case. They are based on a theory of medical negligence. In a medical malpractice lawsuit, the injured party (plaintiff) must prove that the medical provider (defendant) was negligent because they failed to meet the standard of care for their profession.

In a personal injury lawsuit, the plaintiff generally has the burden to prove that the defendant was negligent (careless) and that this negligence caused their injuries. To prove medical negligence, the plaintiff must show: 

1. The defendant medical professional 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 (breached) that duty; 
3. You suffered harm as a result of that violation; and
4. The medical professional’s violation was a cause of your injuries.

In medical malpractice claims, the standard of care is based on the standards for the medical professional’s specialty or practice area. For example, a physician assistant will be held to the standard of care for physician assistants – not to the standards for a doctor. A pediatrician will be held to the standard of care for pediatricians, not for pediatric specialists (like a pediatric oncologist).

For example, consider a situation where a gastrointestinal (GI) doctor diagnosed you with gallbladder disease when you actually had pancreatic cancer. You might have undergone unnecessary surgery to remove the gallbladder and other treatments – all the while your pancreatic cancer was progressing. In this situation, you might be able to prove that the GI doctor did not meet the standard of care for his profession and that you suffered harm as a result.

Cancer misdiagnosis includes both diagnosing cancer as another condition as well as failing to diagnose cancer properly. It can also include situations where a person is incorrectly diagnosed with cancer. This can also cause harm when a patient experiences emotional trauma in believing that they have a life-threatening disease and when they undergo unnecessary, physically harmful treatments for cancer that they do not have.

If you believe that a doctor committed medical malpractice in diagnosing you – or failing to diagnose you – with cancer, you may be able to file a legal claim against them.  Our Vero Beach cancer misdiagnosis attorneys will help you understand your rights and options for pursuing a lawsuit. If you decide to hire our law firm, we will get to work right away to gather evidence to support your case.

In a medical malpractice claim, you will need to introduce evidence that the standard of care was violated – which typically means that a medical expert must testify on your behalf or provide a written report. We will gather your medical records, witness statements, and other evidence and work with medical professionals in the appropriate specialty to determine if your treating physician was negligent.

If the medical expert determines that medical negligence occurred, then we will provide notice to the defendants of your intent to file a claim. The defendant healthcare provider(s) will have 90 days to investigate your claim of medical negligence. After this 90-day period, our law firm can proceed with filing a lawsuit.

The thought of filing a lawsuit – particularly when you are already dealing with health issues – can be daunting. However, filing a lawsuit does not mean that your case will go to trial. It is a way to preserve your legal rights while gathering evidence and continuing to negotiate with the defendants. The majority of personal injury lawsuits are resolved outside of court.

In some cases, the defendant and their malpractice insurance company won’t offer a fair settlement. In this situation, our team of skilled litigators will advocate for you before a judge and jury, asking them to return a verdict in your favor for your cancer misdiagnosis.

If your life has been affected by a cancer misdiagnosis, then you may be entitled to compensation. We will fight for your rights and help you get the money that you deserve for your losses.