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Specific Errors By Florida Physicians Can Lead To Cancer Misdiagnosis

MedMal17

There are numerous cancers, tumors, and related disorders that can plague the human body, but they generally share one common characteristic: Outcomes are closely tied to properly diagnosing cancer in a timely manner. Patients are partly responsible for the diagnosis process, as they must disclose symptoms, express concerns, and be honest about lifestyle-based risk factors within their control. The heavier burden is on physicians, who have a duty to apply their knowledge as they evaluate the patient’s symptoms and take appropriate medical steps toward an accurate cancer diagnosis.

Though diagnosing cancer can be challenging, medical malpractice laws still require health care practitioners to provide a certain level of care. Failures and errors lead to delays in care, so you could lose precious time with aggressive cancers. A Miami failure to diagnose cancer attorney can advise you on legal options if you have concerns about any of the critical mistakes that lead to misdiagnosis.

Specific Acts and Omissions That Can Lead to Cancer Diagnosis Errors

Every case is different, so outcomes can be based on such factors as patient age, weight, physical condition, risk factors, and many others. However, a misdiagnosis could also be linked to:

  • Ignoring or rebuffing patient concerns and complaints
  • Failure to recognize symptoms during a physical exam
  • Neglecting to order appropriate tests that correspond with signs of cancer, such as biopsy, imaging tests, and other screenings
  • Failure to properly read slides and/or review test results
  • Refusing to acknowledge or recommend further screenings as advised by other medical professionals
  • Not recognizing when it is necessary to refer the patient to an oncologist or other qualified medical specialist

Note that errors can also have the opposite impact when the patient receives a false-positive cancer diagnosis. Your physician might order harsh treatment that is entirely unnecessary, such as radiation, surgery, or chemotherapy. Meanwhile, you are not receiving care for the medical condition that is affecting your health. 

Liability is Based Upon Medical Negligence 

Legal remedies for patients who suffered a cancer misdiagnosis are outlined in the Florida statute on medical malpractice. The law is wordy and can be difficult to understand, but it essentially establishes mistakes in diagnosing cancer as a potential basis for negligence. Therefore, to support a cause of action, you must prove that your physician deviated from prevailing professional standards when providing care.

The bar is set according to what a hypothetical doctor would do to provide acceptable, appropriate care under similar circumstances. Any of the specific acts and omissions mentioned above might be considered medical negligence when the situation indicates that the hypothetical physician would have acted differently.

A Florida Cancer Misdiagnosis Lawyer Can Explain the Laws

If care for your cancer was delayed or you missed out on treatment opportunities because of a cancer misdiagnosis, you may have legal rights through a medical malpractice claim. To learn how our team can help recover the compensation you deserve, please contact Freidin Brown, P.A. at our offices in Miami or Fort Myers, FL. We can schedule a free case review to assess your circumstances and determine how to proceed.

Resource:

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

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