A cancer diagnosis is never easy to face. Your whole life can come grinding to a halt as you figure out your next steps. A provider’s negligent misdiagnosis can be even more upsetting and cause untold harm. This error can mean that you were receiving unnecessary treatment or that you did not get the treatment you needed, and now your condition is worse. It could even mean that a loved one has passed away from their illness.
Negligent providers should pay for the harm you’ve suffered, and Freidin Brown, P.A. is here to represent you. Our Naples cancer misdiagnosis lawyers have been speaking up for victims since 1976, and we would like to help you in your fight for justice. Please call our firm today for a free case evaluation, 24/7.
Misdiagnosed Cancer Can Cause Significant Harm to Patients
Cancer is a serious disease, but significant strides in detection, screening, and treatment have helped reduce deaths and can even make patients cancer-free. Detecting and treating cancer in a timely manner is crucial, but providers who commit medical malpractice through misdiagnosis can cost patients their health and even their lives.
Misdiagnosis or Delayed Diagnosis
Some patients with cancer seek medical attention but receive a misdiagnosis of their condition. This means patients do not get treatment as quickly as they should. Patients receive unnecessary treatments for the wrong condition, costing them money, time, and stress.
Sometimes, a provider detects cancer, but someone’s negligence could have caused a delay in diagnosis. Doctors can fail to communicate with patients in a timely manner, but they are far from the only medical professionals who fail in this respect. For instance, imaging departments and centers in Naples could have delayed the delivery of results or incorrectly interpreted the images.
Unfortunately, providers could even dismiss a patient’s symptoms. Dismissing these concerns can mean that patients live with growing cancer for weeks, months, or even years. These missed or delayed diagnoses can mean that what was once a manageable and treatable problem has now become a bigger concern. Patients may have to undergo more aggressive treatments and have a longer recovery time.
Failure to Diagnose
Patients may only learn they have cancer when it is too late to treat or pass away without ever learning the truth. When a trusted medical professional fails to diagnose cancer altogether, patients and their families face significant physical, emotional, and financial turmoil.
Need Legal Support for a Cancer Misdiagnosis? Talk to a Naples Attorney for Free!
What Can Freidin Brown, P.A. Do for My Naples Malpractice Claim?
As a malpractice firm, we meet many people who are battling health challenges and just trying to find a new normal. We understand just how stressful this is for you, and we are here to offer our firm’s services. If you work with our firm, our team will:
- Assess the full extent of your damages
- Determine liability for your injuries
- Draw on our firm’s resources, including medical professionals, economists, and other experts, to help build your claim
- Handle all communication with the other party and their insurance companies
- Conduct settlement negotiations
- Represent you at trial, when necessary
- Have at least two lawyers working on case strategy and planning
With our firm’s extensive trial experience, resources, and dedication to personalized and attentive care, we are ready to take on your claim today. Call our firm today to get started with a free consultation.
What Types of Cancer Are Commonly Misdiagnosed?
Unfortunately, cancer misdiagnosis is relatively common. A 2022 JAMA Network study reported on the top 10 misdiagnosed conditions, and six different types of cancer made this list. These cancers included:
- Colorectal
- Lung
- Breast
- Prostate
- Bladder
Johns Hopkins Medicine even notes that cancer misdiagnosis made up nearly 38 percent of diagnostic errors. These and other cancers can cause devastating health issues when untreated, and our team is here to help you hold negligent providers responsible for their errors.
Is Every Cancer Misdiagnosis Considered Malpractice?
No, just because your diagnosis was incorrect does not automatically mean a provider was negligent. The threshold for determining if someone was negligent is very high in Florida, and we must carefully examine the circumstances surrounding your claim using the elements of negligence.
For instance, you might claim that your doctor missed very obvious signs and symptoms of your cancer, which led to delays in getting tests and treatments. We would draw on medical specialists in the same field to see what actions they would take when presented with similar circumstances and evidence. If these specialists believe your signs were not obvious or you presented with unusual symptoms, they might consider your doctor’s actions (or lack of actions) reasonable.
We must also be able to link the provider’s actions directly to the injuries. Some forms of cancer are incredibly aggressive or notoriously difficult to detect in the early stages. The provider may claim that there was nothing they could have done to prevent your worsening condition or the death of a loved one.
Proving that victims have a valid claim is incredibly challenging, but it is not impossible with the right malpractice firm. Providers and insurance companies rely on these complexities to discourage patients from seeking help, but Freidin Brown, P.A. is here to represent your interests.
We Help Families Who Suffered Medical Malpractice
You May Be Entitled to Damages for Cancer Misdiagnosis in Naples
Like other forms of malpractice, cancer misdiagnosis can have long-reaching consequences. One negligent action can deprive patients and their families of time, money, health, and emotional security. It can be hard to fully grasp the extent of your losses, but our team will make sure to carefully evaluate your claim and fight for maximum possible compensation. Some of the compensation we can seek includes:
Medical Expenses
Medical costs are often a large portion of the settlements and verdicts we pursue for malpractice victims. Your payout could address current and future expenses related to:
- Hospital stays
- Surgeries
- Physical rehabilitation and therapy
- Mental health treatment
- Chemotherapy and radiation treatment
- Lab work
- Hospice care
- In-home health assistance
- Mobility devices
- Immunotherapy
- Medication
No family should have to shoulder these costs alone — our team will fight to make sure the responsible parties are held accountable for the care you need.
Lost Income and Earning Potential
Cancer can put your life on hold, especially if you are dealing with advanced stages of the illness. You may have missed significant amounts of work or had to stop working altogether to undergo treatment. Your cancer could cause complications that prevent you from returning to work in the future or force you to change your line of work.
This loss of income can hurt your financial stability, and we are determined to seek an outcome that addresses your professional losses.
Pain and Suffering and Other Emotional Damages
The physical and mental toll of cancer, along with the shock and pain of misdiagnosis, can weigh heavily on patients. Cancer and its treatment can cause significant physical pain and distress, especially with more aggressive treatments. Your quality of life may suffer, and you may struggle to live your life as you once did.
Even if you go into remission or are cancer free, you can struggle with these effects for months or years to come. Your intangible losses are just as important as your financial ones, and your settlement should reflect these losses.
Survival Action and Wrongful Death Damages
Tragically, when a healthcare professional misdiagnoses cancer, it can cost your loved one their life. Your family can still take legal action and could seek damages to address:
- Funeral and burial costs
- Medical expenses of the deceased
- Loss of the deceased’s income and services
- Pain and suffering
- Loss of consortium for a surviving spouse
- Loss of parental guidance for minor children
Our team can also help you set up your loved one’s estate by enlisting the help of a probate lawyer.
FAQs About Naples Cancer Malpractice Claims
Can You Sue a Doctor for Misdiagnosis in Florida?
Yes, we may be able to sue a physician for your misdiagnosis. This can include your primary care doctor, an oncologist, and other cancer specialists involved in your care. As with any malpractice case, we must be able to prove that negligence occurred. We must show that a patient-doctor relationship exists between you and the provider, and we must be able to establish a standard of care for their profession.
We must also show that their actions did not meet the expected standard and that their choices or actions are a direct cause of your misdiagnosis and related losses and injuries. We must also provide proof of your losses to show that these actions had a direct effect on you.
Who Else Can I Sue for Cancer Malpractice?
Physicians are not the only parties who could be liable for your cancer misdiagnosis. Any parties involved in diagnosing could have committed malpractice, and they include:
- Radiologists and imaging centers
- Pathologists and laboratory testing centers
- Nurses, physician assistants, and nurse practitioners
Even emergency rooms, medical centers, and hospitals like Naples Comprehensive Health (NCH) could be responsible for a cancer misdiagnosis.
How Much Can I Get for Cancer Misdiagnosis?
There is no exact figure or average settlement for a cancer misdiagnosis. Every case is unique and will account for factors that include:
- Medical costs and the severity of your condition
- The emotional impact of a misdiagnosis
- Your age
- The limits of the at-fault party’s insurance
- The strength of the evidence available in your case
How Long Do I Have to Sue for Damages?
Florida Statutes § 95.11 limits how long medical malpractice victims have to file a lawsuit to seek damages. This statute of limitations can be confusing, especially when there is a delay between the misdiagnosis and your discovery of the injury.
Our team can review your case to determine the start date of your claim and how long you have to file the lawsuit. While many cases do not go to court, it’s important to complete presuit requirements and start your claim as soon as you can to protect your ability to file a lawsuit.
