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Recovering for Emotional Distress After a Cancer Misdiagnosis

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There’s a wide range of monetary damages you can recover as the victim of a medical misdiagnosis, particularly when the situation involves a failure to diagnose cancer. You could sustain significant bodily harm from delays in detecting it, since your treatment options are more invasive and limited the later it’s caught. Plus, your medical costs skyrocket and you lose wages when a health care provider deviates from the medical standard of care defined by Florida’s medical negligence statute.

It’s some relief to know that compensation is available for these losses, but you may wonder whether you can recover for the emotional distress that results from a cancer misdiagnosis. The answer is far from simple, since these claims are very fact-specific. A Florida cancer misdiagnosis lawyer can provide you with specific information, and an overview of this form of damages may be helpful. 

Summary of Emotional Distress Damages: In personal injury cases, including claims of medical malpractice, there are two classes of compensation available to an injured victim: 

  1. Economic damages are the definable, easily calculable losses that can be assigned a value through paperwork. An example is medical costs, since you have bills and/or invoices from your doctor. Another is lost income, where you’ll have pay stubs or tax returns reflecting your wages.
  2. Non-economic damages are less exacting in nature and, since they’re very subjective, you don’t have documentation. Even though you don’t have a receipt, you most definitely endure pain, suffering, and other non-economic losses.

Emotional distress is a subset of non-economic damages that you sustain when a physician fails to diagnose cancer. The experience can lead to depression, anxiety, stress, and many other unpleasant emotions. However, to recover monetary damages for these losses, you must also have some physical manifestations related to cancer misdiagnosis. Therefore, there must be some type of bodily harm that led to your emotional anguish. It may be possible to obtain compensation if: 

  • A treating physician noted your emotional complications after the misdiagnosis
  • A doctor treated you for emotional distress, such as through prescription medication or other therapies.

Evidence of Emotional Distress: The most important information regarding your emotional state will be your medical records. These documents provide support for your claim because they’ll include references to:

  • A diagnosis of a psychological condition
  • Any procedures performed by a physician
  • Prescriptions ordered to treat your emotional stress
  • The intensity of your depression, anxiety, or other emotions
  • The duration of your emotional condition

Often, you’ll need input from a medical expert to review your medical records and link the information to the elements you need to prove. 

Call Now to Speak with a Florida Cancer Misdiagnosis Attorney 

If you’d like more information on damages for emotional distress and whether you have a claim after a failure to diagnose cancer, please contact Freidin Brown, P.A. to speak with our Miami failure to diagnose cancer lawyers. We can set up a free consultation at our offices to discuss strategies for enforcing your rights.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.102.html

https://www.yourfloridatrialteam.com/telemedicine-and-errors-in-diagnosing-stroke-in-florida/

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