Many types of cancer are treatable when caught early. Patients can even go into remission and live many years after their initial diagnosis. Even when the disease has progressed, medical intervention can give patients more time with loved ones and a better quality of life. However, a timely diagnosis is key, and a provider’s negligence can be a matter of life or death.
Negligent medical care is inexcusable, and the Stuart cancer misdiagnosis lawyers at Freidin Brown, P.A. are here to hold providers accountable for their harm. If you are dealing with misdiagnosed cancer or you are seeking justice after the death of a loved one, we urge you to call our firm today. We offer free case evaluations 24/7, so do not hesitate to call. Our Stuart medical malpractice lawyers are here to help.
When Is a Misdiagnosis of Cancer Considered Malpractice?
While medicine has made major strides in the diagnosis, screening, and treatment of various cancers, providers can still misdiagnose their patients. The nuanced nature of medical malpractice claims, especially with diseases as complex as cancer, can make it difficult to know if a misdiagnosis is actually due to negligence.
In order to determine if the care you received was negligent, our attorneys must look at four main elements of medical negligence. First, we must determine if the Stuart provider owed you a duty of care—basically, that you were in the care of this professional. Then, we must demonstrate the expected standard of care for the profession and prove that the provider failed to give care at or above this standard.
The standard of care refers to the level of care expected of other professionals in the same field and with the same training and education. Our team draws on medical experts in the same field who can help us explain the standard and the care that you should have received. We then must show a direct link between the provider’s actions and your misdiagnosis and then prove that you suffered injuries and losses.
Examples of Cancer Misdiagnosis Caused by Malpractice
According to a 2019 study published in the Journal of Healthcare Risk Management, cancer misdiagnoses represented 46 percent of primary care diagnostic errors. This high rate reflects a range of avoidable mistakes by healthcare providers, including:
- A failure to recognize or treat symptoms
- A failure to order tests or follow up with test results
- Lab work or imaging errors, such as misreading results or samples, lost samples or results, and failure to communicate findings with patients and their providers
- A failure to refer patients to specialists
These and other forms of neglect can cause a wide spectrum of harm to patients. Some may have to undergo unnecessary treatments and procedures, while others may not get treatment soon enough. Those who receive delayed treatment may have to deal with more advanced stages of cancer and undergo longer treatment regimens and invasive surgeries. In some cases, the cancer progresses too far for effective treatment, and patients die.
Medical malpractice has serious consequences, and providers and hospital facilities in Stuart should be held accountable for this harm.
Need Legal Support for a Cancer Misdiagnosis? Talk to a Stuart Attorney for Free!
Our Stuart Lawyers Represent Victims of Cancer Misdiagnosis
Discovering that a provider failed to diagnose your cancer is understandably shocking. You may still be coming to terms with this news while scrambling to seek treatment and figure out how to keep your household running. The idea of finding the right medical malpractice lawyer, taking legal action, and dealing with insurance companies is exhausting. You may be tempted to just move on with your life or accept whatever offer you receive.
We understand that you are going through a difficult time, and we are here to offer our legal services. Freidin Brown, P.A. has served injured Floridians since 1976, offering comprehensive and personalized legal care to those injured through another person or entity’s neglect. We have devoted much of our time to helping those suffering from medical malpractice, using our extensive experience, knowledge, and resources to deliver satisfactory results. Here’s what sets our firm apart:
- At least two lawyers will supervise the planning strategy for your case, and our founder, Attorney Philip Freidin, will personally oversee your case.
- Our team has access to various medical professionals who provide reports on the medical care you received, establish the standard of care, and assess your medical needs.
- We also work with other experts, like life care planners and economists, who help us evaluate the extent of your losses.
- We carefully select our cases, ensuring our attorneys are able to devote their time and attention to your claim.
Whether we are able to resolve your case in negotiations or must represent you at trial, our team is well-prepared to take on your case. You can call our firm now to start a free case evaluation with a member of our team.
Compensation for Victims of Cancer Misdiagnosis Malpractice in Stuart, Florida
Cancer can cause significant loss for patients and their loved ones. When a provider’s neglect causes a misdiagnosis, the losses can feel even more devastating. This neglect can take precious time and money away from victims and cause untold emotional anguish.
If you work with Freidin Brown, P.A., we make it our mission to seek a settlement or verdict that addresses your needs and the hardships you and your family have suffered. This can include:
- Medical Expenses: We can ensure your payout helps pay for current and future expenses such as chemotherapy, radiation treatments, surgeries, doctor’s office visits, imaging and lab work, physical therapy, and assistive devices, among other needs.
- Lost Income and Earning Potential: You may need to put your life on pause to deal with your illness, and that could mean losing income and your job. Even if you go into remission, the side effects of your cancer and its treatment can make it impossible to return to your previous role or go back to work at all. Our team will fight for results that compensate you for any lost income and earning potential.
- Emotional Anguish and Pain and Suffering: Your physical pain and emotional anguish, while intangible, are just as important as your financial losses. Whether you were suffering before your diagnosis or are now having to deal with the physical and emotional distress of your illness and treatment, you deserve to have these losses acknowledged.
You could have other financial or non-financial losses associated with your misdiagnosis. The delay in diagnosing your condition could have hurt your quality of life, deprived you of your ability to contribute to your household chores, and hurt your relationship with your spouse.
You may have extensive bills for traveling to seek care or specialists or needing to hire childcare because you could not care for your children in your condition. Whatever losses your family has suffered, we’re here to fight for the maximum compensation possible.
We Help Families Who Suffered Medical Malpractice
Cancer Misdiagnosis Can Become Fatal
Tragically, the neglect of a provider can have deadly consequences. If your loved one has passed away because of a provider’s neglect, we offer our deepest condolences. No amount of money can make up for the pain and loss of this injustice, but your family deserves some measure of peace following this senseless loss.
Our team can pursue compensation that addresses various economic and non-economic losses, including:
- Funeral and burial expenses
- Medical expenses of the deceased before their passing, such as hospice care
- Lost income, support, and services
- Lost companionship and parental guidance
- Pain and suffering of surviving family
We would be honored to help fight to hold healthcare providers, hospitals, and their insurance companies accountable for your family’s devastating loss.
Call Our Stuart Cancer Malpractice Team Today for a Free Case Evaluation
When a cancer misdiagnosis is caused by medical negligence, you do not have to settle for less than you deserve. Call Freidin Brown, P.A. now to get started with a case evaluation. Your initial consultation is always free, and we are available 24 hours a day, 7 days a week to take your call.
FAQs About Stuart Cancer Misdiagnosis Cases
Who Is Liable for My Cancer Misdiagnosis?
Many medical professionals are involved in the treatment and diagnosis of cancer patients. One negligent choice or action could cause a ripple effect and change a patient’s life forever. Some of the parties that could be responsible for your misdiagnosis include:
- Oncologists, surgeons, primary care doctors, and other physicians
- Radiologists and other imaging professionals
- Pathologists and lab facilities
- Nurses and nurse practitioners
We may even hold medical facilities and hospitals like HCA Florida St. Lucie or Martin North Hospital liable for the actions of their employees or for facility failures that led to your misdiagnosis.
Are All Cancer Misdiagnoses Caused By Negligence?
Not all cancer misdiagnoses result from negligence. Even when providers meet the standard of care, cancer can still go undetected due to its complex nature. Some cancers, especially in the early stages, may be hard to detect or recognize or present as another disease or injury. Some cancers grow quickly and aggressively, and many so-called “silent” cancers do not present signs in the early stages.
When providers are liable, they may use the nuances of cancer detection and diagnosis to avoid blame. For instance, your physician may claim that earlier intervention would not have helped or that their actions were reasonable and comparable to what another doctor would have done. Proving that the elements of medical negligence are present in your claim is crucial for the success of your claim.
How Long Do I Have to File a Suit for Cancer Malpractice?
Florida Statutes § 95.11 limits how long injury victims or surviving family members have to file a lawsuit for damages. If you do not file your claim before the statute of limitations ends, you could lose the right to seek compensation. Additionally, state law outlines presuit requirements that must be completed before your lawsuit can even progress, so the sooner you get started, the better.
The start and end dates for this window of time can be incredibly complex in malpractice claims, especially in cases where patients may not know they suffered from malpractice until months or years later. Many circumstances could affect the end date for filing, so we urge you to let us review your case to determine how long you have to file.
