Table of Contents
Table of Contents
The cancer misdiagnosis rate may be twice as high as the overall medical misdiagnosis rate, which is about 20 percent. Most doctors view cancer as a lifestyle or genetic condition. As far as they’re concerned, only smokers get lung cancer and only people with a family history of this disease get any kind of cancer. Furthermore, initial cancer symptoms, like pain and fatigue, are vague.
So, unless the doctor orders a full battery of tests, properly interprets the results, and responds to them appropriately, the patient’s cancer may go undiagnosed. Breakdowns are frequent in these areas. Many doctors don’t want to fuss with insurance companies over payment and therefore don’t order diagnostic tests. Other doctors over-delegate test result interpretation to non-physicians, like nurses. Finally, even when they have clear evidence of cancer, many doctors don’t follow up. Instead, they rely on their instincts.
In contrast, the diligent Port St. Lucie Failure to Diagnose Cancer lawyer at Freidin Brown, P.A. always pays close attention to details. Our meticulous nature is a little more time consuming. However, our clients reap the benefits of this investment, in the form of maximum compensation for their serious injuries.
Duty of Care
Most drivers have about the same level of education, experience, and training as most other drivers. Therefore, in most cases, motorists have a duty of reasonable care. They must follow the rules of the road and avoid accidents if they can.
Doctors are different. They have a lot more education, experience, and training than their patients. So, physicians have a fiduciary duty. They must set aside all other priorities and only do what’s best for their patients, regardless of the cost. Furthermore, they must bring all their skills to bear in every patient encounter, whether that encounter is brain surgery or an annual well checkup.
This higher duty of care makes it easier for a Port St. Lucie failure to diagnose cancer lawyer to establish negligence, or a lack of care. As the old saying goes, with great power comes great responsibility. When doctors fail to live up to their responsibilities, they’re usually negligent, from a legal perspective.
The higher duty also affects the damages in a medical malpractice case. Because so much is expected of them, when doctors fall short, most jurors award additional punitive damages. These damages convince doctors to change the way they approach patient care. Therefore, other families won’t have to go through the same thing as your family endured.
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Breach of Care
Essentially, a medical malpractice breach of care is a doctor’s failure to live up to the fiduciary duty. We mentioned some common misdiagnosis breaches of care above.
The standard of care is very high. But the burden of proof is very low. Generally, victims must only establish a breach of care by a preponderance of the evidence (more likely than not). Therefore, circumstantial evidence is more than enough to prove a breach of care, at least in most cases.
If Doctor A says a patient is cancer free and Doctor B spots a tumor, that’s usually enough to obtain compensation. In addition to the aforementioned punitive damages, this compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
You and your staff are simply the best. Jonathan I would like to say I proud of the manner in which you conducted yourself toward my family matter. You are my mentor and someone that I look up to. . . . I will always remember you and would highly recommend you to any family and friends. We appreciate everything you did for us. Staying with us. Being patient with us. And, most importantly believing in us. Our family will forever have a feeling of gratitude for all that you have done. I have tremendous respect and appreciation for Phil Freidin. He is a powerful and kind lawyer. He has proven to me that he genuinely cares about his clients; however, he is a force to be reckoned with in the conference and court rooms. Jonathan impressed me with his professionalism and expertise! Jonathan and Lizy handled my Medical Malpractice case with skill and secured a favorable outcome! They were responsive and kept me informed throughout my process. I highly recommend them to my Family and Friends! They were not even able to take on my case, but the person who did my intake and the lawyer I spoke to were incredibly validating, kind, and helpful. I appreciated the care and time they gave me even when I did not become a client. Jonathan, Phil, and the rest of the Freidin Brown attorneys were both professional and compassionate. They were always responsive to my family and me, and they have a deep dedication to their clients. I highly recommend the great lawyers at this firm! My experience with Freidin Brown was above my expectations. Philip Freidin took my case and settlement to finish line with amazing results. I highly recommend this Law Firm. Our family was referred to Freidin Brown by another attorney who could not handle our case and from day one we felt like we were in good hands. Johnathan Freidin was always available and willing to answer any questions we had. We are extremely happy with the results of our case and would recommend this team in a heartbeat. Had the pleasure of working with Andrew this year. He was very knowledgeable, but most importantly, he asked questions and listened to truly understand MY needs. Would definitely use this team again.
Reach Out to a Thorough St. Lucie County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Port St. Lucie failure to diagnose cancer lawyer, contact Freidin Brown, P.A. We routinely handle matters throughout the Treasure Coast area.
Frequently Asked Questions About Failure to Diagnose Cancer
Our firm can answer FAQs about failure to diagnose cancer cases in Port St. Lucie, including:
How do you prove a “breach of care” in a cancer misdiagnosis case in Port St. Lucie?
In Florida, we use a “preponderance of the evidence” standard, which means we must show it is more likely than not that the doctor failed you. If “Doctor A” cleared you but “Doctor B” found a tumor shortly after, that discrepancy is often strong evidence of a breach. A Port St. Lucie failure to diagnose cancer lawyer at our firm will use medical records and expert testimony to show that a competent doctor, following the correct standards, would have caught the disease earlier.
What is the benefit of hiring a lawyer who specializes in cancer misdiagnosis claims in Port St. Lucie?
Building a cancer malpractice claim is time-consuming and complex. It requires an investment in detail—reviewing every lab note, every timestamped entry, and every imaging slide. While some firms might rush toward a quick settlement, the Port St. Lucie failure to diagnose cancer lawyers at Freidin Brown, P.A. take the time to account for your total lifetime losses. This meticulous approach is what leads to maximum compensation for our clients.
If my cancer was already advanced when I first saw the doctor, can I still file a cancer malpractice claim in Port St. Lucie?
Yes. A common defense from insurance companies is that the cancer was “already too far gone.” However, even in advanced cases, a diagnosis failure can rob a patient of the care that could extend their life or improve their comfort. Our Port St. Lucie failure to diagnose cancer lawyers will work with oncologists to determine if the doctor’s error caused a “loss of chance”: essentially proving that your prognosis would have been measurably better if the physician had acted according to medical standards during that first visit.
Can I hold a Port St. Lucie medical facility liable for “lost” or “misplaced” biopsy samples?
Absolutely. A failure to diagnose isn’t always the fault of the doctor; sometimes it’s a systemic failure within the hospital’s lab or administrative chain. If a biopsy was taken but never processed, or if the results were sent to the wrong department and never reviewed, the facility itself is responsible for that breakdown in care. Our Port St. Lucie failure to diagnose cancer attorneys will subpoena the hospital’s internal tracking logs and communication records to find exactly where the chain of command broke, ensuring the institution is held accountable for the administrative negligence that allowed your cancer to go untreated.
