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Finding out that you or a loved one has cancer can be stressful and overwhelming. Learning that a healthcare provider’s negligence resulted in a misdiagnosis can be devastating. Timely diagnoses and aggressive treatments are essential for patients, but a negligent error can prevent people from getting the care they need. If you suspect malpractice played a role in your cancer misdiagnosis, the Sunrise medical malpractice team at Freidin Brown, P.A. is here to fight for you.
Going up against providers and hospitals can be intimidating, but you are not alone. Our firm has decades of experience and extensive resources that we will use to fight for the results you need. Please call our firm today for a free case evaluation to find out how our Sunrise cancer misdiagnosis lawyers can help you seek full and fair compensation.
Does Cancer Misdiagnosis Always Indicate Malpractice?
Cancer may be misdiagnosed even when patients receive care from highly qualified medical professionals. Patients may receive false positives, false negatives, or they may present with abnormal symptoms.
Some types of cancer are difficult to detect early, either because they cause no symptoms at first or because the symptoms resemble those of other conditions. These challenges can make it difficult for patients to determine whether a misdiagnosis resulted from negligence.
When looking at potential malpractice claims, we must examine four main elements of medical malpractice:
- Duty of care: This means proving that the Sunrise provider owed the patient a duty of care. For instance, visiting your primary care physician or a specialist to discuss symptoms or undergo testing would typically establish this duty.
- Breach in the standard of care: We must prove that the provider failed to meet the expected standard of care for their profession. Because these standards vary, we consult medical experts to define the applicable standard and identify any breaches.
- Causation: Our team must show a direct correlation between this level of care and your injuries. This is especially complex in cancer claims, as provider defenses to these accusations often shift blame to other parties or claim that there was nothing they could have done to prevent the harm.
- Damages: We must prove that you have injuries and losses caused by this provider’s negligence.
Unlike standard injury cases, medical malpractice claims involve stricter legal standards and the complex realities of cancer care. Despite these challenges, Freidin Brown, P.A. stands ready to represent your claim.
Need Legal Support for a Cancer Misdiagnosis? Talk to a Sunrise Attorney for Free!
Our Attorneys Work to Identify Errors that Led to Your Misdiagnosis
Negligence in diagnosing cancer can take many forms. Some examples of negligence include:
- Dismissing symptoms
- Delaying or refusing referrals or testing
- Failing to communicate results with patients
- Lab errors, such as losing samples or sending incorrect test results to patients or providers
- Failing to confirm results through follow-up testing to rule out false positives or false negatives
- Misreading results
In some cases, multiple acts of negligence by one or more providers contribute to a misdiagnosis. Whatever the circumstances are, our team is prepared to hold all parties accountable for this harm.
Sunrise, FL Patients Can Suffer Extensive Losses After a Cancer Misdiagnosis
When negligence from medical providers causes cancer misdiagnoses, patients can suffer numerous losses. It is not fair for victims to shoulder the burden of these losses alone, and our lawyers are determined to pursue maximum compensation for our clients.
Every case is unique, but some of the damages we may be able to pursue on your behalf include:
Medical Expenses
In cancer malpractice claims, medical expenses are some of the most serious losses patients face. Cancer treatment is already costly, and patients whose diagnoses were delayed may face more advanced stages of the disease. They may require more treatment than they would have needed if the cancer was detected earlier. Cancer treatment can continue for months, if not years, to manage the condition and prevent the cancer from progressing or coming back.
Our lawyers will make sure to seek the current and future medical costs associated with your care, including:
- Surgery
- Chemotherapy
- Radiation
- Medications
- Hospital stays and emergency room costs
- Physical and occupational therapy
- Mental health treatment
- Assistive devices, like wheelchairs and other mobility aids
Other Economic Losses
While patients expect the medical costs of cancer care, these are not the only financial losses patients can suffer. Patients often lose income while undergoing treatment and recovery, and some may even have to leave their jobs entirely. Some patients may not be able to return to work full-time, if at all. Others may have to change careers if their cancer affects their ability to perform their previous role.
Patients may also face significant out-of-pocket costs. Some patients may have to seek specialty care hundreds, if not thousands, of miles away, resulting in significant travel costs. These and other costs can add up quickly, and our lawyers want to ensure you are fairly compensated for these expenses.
We Help Families Who Suffered Medical Malpractice
Non-Economic Damages
When medical negligence results in misdiagnosed cancer, patients deal with emotional harm. Patients can have a tough road ahead, and their personal lives and mental health can suffer greatly. Although these losses don’t have a set dollar amount, negligent parties should still compensate you for these intangible damages. Some of the damages we could seek include:
- Lost quality of life
- Loss of consortium
- Pain and suffering
- Scarring and disfigurement
Damages for Wrongful Deaths
If your loved one has passed away because of negligent cancer care, your family can take legal action on behalf of the deceased. Our team represents surviving family members in wrongful death claims, seeking compensation for funeral costs, pain and suffering, and other related losses.
While money cannot make up for the loss your family has suffered, providers need to be held responsible for these negligent actions. Our firm would be honored to help you in your fight for justice.
Call Our Firm If a Negligent Provider Misdiagnosed Your Cancer
Dealing with misdiagnosed cancer is difficult for many reasons, but Freidin Brown, P.A. is here to help shoulder the legal burden. For over 45 years, our team has protected Floridians and recovered over $500 million in settlements and verdicts. We are ready to help you in your fight against negligent providers and hospitals in Sunrise, Florida, and the surrounding areas.
Please call our firm now for a free, confidential case evaluation. Se habla español.
Our Sunrise Lawyers Answer Common Questions About Cancer Misdiagnosis Claims
How Long Do I Have to Sue for Damages After a Cancer Misdiagnosis?
If your cancer was misdiagnosed because of a provider’s negligence, it’s important to take legal action as soon as possible. Florida Statutes § 95.11 limits how long victims have to file a lawsuit for damages—missing this deadline could mean losing the chance to seek compensation.
However, this deadline can be complex in cancer misdiagnosis claims, as it can take patients months or years to uncover instances of negligence.
The sooner you can seek help, the better. Our team can carefully review your case to determine when the statute of limitations ends, make sure your case is filed on time, and ensure all presuit requirements are met.
Can I Sue for Emotional Distress After a Cancer Misdiagnosis?
Yes, you can seek damages for emotional distress if your cancer misdiagnosis was caused by provider negligence. However, the damages available to patients will depend on the circumstances of the claim.
Whether you were falsely diagnosed with cancer, or your diagnosis was delayed, you could suffer significant emotional anguish. Depression, post-traumatic stress disorder (PTSD), and anxiety are just some examples of emotional distress caused by a professional’s negligence. Your lawyer will draw on various forms of evidence to show the mental impact of this diagnosis, including mental health evaluations, witness statements, and prescriptions related to your mental health concerns.
It is important to note that malpractice victims typically need to have other objectively measurable losses and injuries related to this negligent diagnosis, such as medical bills or physical harm. If you are not sure if you can seek compensation for your losses, reach out to our team so we can evaluate your potential claim.
Who Is Liable for My Cancer Misdiagnosis?
Oncological diagnoses, care, and treatments involve multiple providers and facilities. There are many potential parties that could be at fault for your misdiagnosis, including but not limited to:
- Physicians, including primary care providers and specialists
- Pathologists and laboratories
- Radiologists and imaging centers
- Nurses and physician assistants
Medical facilities or hospitals, such as nearby HCA Florida Westside Hospital, may also be held liable for your misdiagnosis. When hospital staff are responsible for the misdiagnosis, suing the hospital may be an appropriate way to pursue compensation.
If a doctor’s error contributed to the diagnosis, our firm could sue the doctor and seek compensation from their insurance policy. Although the doctor may treat you at a hospital, they may not be employees of the hospital, and the facility may not be liable for their actions. Insurance policies and employment statuses can make these claims especially tough to deal with, but our team is well-versed in navigating these matters.