Table of Contents
Table of Contents
For the most part, today’s cancer survival rate is much higher than it was in the 1990s. Better cancer treatments, such as more precise radiation therapy that causes less collateral damage, are a big reason for this improvement. Prompt diagnosis, and a proper diagnosis, might be even more important. Unfortunately, in many cancer cases, these two things are lacking.
As far as many doctors are concerned, cancer is a genetic or lifestyle disease. Since doctors don’t even consider cancer if the patient has no family history or other genetic markers, they usually don’t test for it. The same thing applies in lifestyle cases, Many doctors believe only drinkers get liver cancer, only smokers get lung cancer, and so on.
Additionally, many doctors misdiagnose the type of cancer. Lung cancer is a good example. Many doctors immediately assume that lung cancer is NSCLC, which accounts for almost all such cases. Non-small cell lung cancer is relatively easy to treat. If the lung cancer is more rare or aggressive, like mesothelioma, NSCLC treatments are completely ineffective.
The compassionate Port St. Lucie cancer misdiagnosis lawyers at Freidin Brown, P.A. understand the intense pain and suffering these victims must endure. Many of the people on our professional team are also cancer survivors. This understanding motivates us to work extra hard for you. Quite simply, we’re committed to maximum compensation for cancer malpractice victims.
Starting a Negligence Case
Largely to make headlines, some lawyers rush to file negligence cases at the first sign of cancer misdiagnosis or other misconduct. This action might have the desired effects, but it also has some undesirable effects. For example, once a victim files legal paperwork, many medical insurance companies immediately go into full denial mode.
So, our Port St. Lucie cancer misdiagnosis attorneys work quietly. We build a strong, evidence-based case from the ground up. Then, since we believe in giving people the chance to do the right thing, we approach insurance companies with settlement offers. However, we’re not willing to stand on the sidelines while our clients suffer. Therefore, if necessary, we promptly take things to the next level.
Filing legal paperwork at this point often spurs insurance companies into action. Furthermore, by this time, the statute of limitation deadline may be looming. So, filing formal paperwork preserves the victim’s legal rights.
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Ending a Negligence Case
Eventually, most cancer malpractice and other medical negligence cases settle out of court. However, as indicated above, fast settlements are few and far between.
That’s usually not a bad thing. It takes time to assess the damages in cancer malpractice claims, especially items like future medical expenses. Victims are financially responsible for these charges, at least in most cases, if the settlement does not fully account for them.
So, most lawyers settle most cases during mediation. A third party mediator reviews the file and meets with both sides in a non-court setting. Then, the mediator ensures that both sides negotiate in good faith as they exchange settlement offers and counter-offers and, hopefully, reach an agreement.
Out of court settlements benefit victim/plaintiffs. They end cases earlier, so victims receive their compensation sooner. These resolutions also give the parties more control over the outcome.
Work With a Tough St. Lucie County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Port St. Lucie cancer misdiagnosis lawyer, contact Freidin Brown, P.A. Virtual, home, and hospital visits are available.
Frequently Asked Questions About Cancer Malpractice
Our firm can answer FAQs about cancer misdiagnosis cases in Port St. Lucie, including:
Can I sue if my Port St. Lucie doctor didn’t test for cancer because I don’t smoke or have a family history?
Yes. Many doctors incorrectly view cancer strictly as a genetic or lifestyle disease. If a physician dismissed your symptoms because you didn’t fit a certain “profile”, such as assuming only smokers get lung cancer or only drinkers get liver cancer, they may have breached their duty of care. A Port St. Lucie cancer malpractice lawyer can help you hold them accountable for failing to perform the necessary screenings that could have caught the disease earlier.
What happens if a doctor in Port St. Lucie diagnosed me with the wrong type of cancer?
Misidentifying the specific type or strain of cancer can be just as dangerous as missing it entirely. For example, if a doctor assumes lung cancer is a common variety like NSCLC but it is actually a rare, aggressive form like mesothelioma, the standard treatments will be completely ineffective. If a misdiagnosis led to the wrong treatment plan and allowed the disease to progress, a cancer misdiagnosis attorney in Port St. Lucie can help you pursue compensation for the harm caused by that delay.
Why shouldn’t my lawyer file a lawsuit immediately after my cancer misdiagnosis in Port St. Lucie?
Rushing to file legal paperwork can sometimes cause medical insurance companies to go into “full denial mode,” which can drag out the process. Our Port St. Lucie cancer misdiagnosis lawyers often work quietly at first, building a strong, evidence-based case from the ground up. We believe in giving the other side a chance to do the right thing through a settlement offer first, though we will promptly file formal paperwork if they refuse to negotiate or if the statute of limitations deadline is approaching.
How do we figure out the “maximum compensation” for my Port St. Lucie cancer malpractice claim?
Calculating damages in a cancer case is complex because it must account for both past losses and future medical expenses. If a settlement doesn’t fully cover future radiation, chemotherapy, or specialized care, you could be left financially responsible for those costs later. Our Port St. Lucie cancer malpractice attorneys take the time to thoroughly assess your long-term needs to ensure any settlement or verdict covers the true cost of the injury caused by the misdiagnosis.