The Doctor Delayed My Cancer Diagnosis by Six Months: Can I Sue?
September 28, 2020
Finding out that you or a loved one has cancer is never easy. But it can be even more difficult to deal with when you find out that you were misdiagnosed, which led to a delay in receiving the treatment that you need. You might wonder if you have a right to sue if a doctor delayed your diagnosis and reduced your treatment options. A delayed diagnosis could lead to more medical care needs, and it could potentially even shorten your life.
What Happens When a Doctor Delays a Diagnosis?
Whether the doctor failed to run the necessary tests or they ignored certain symptoms, a delayed cancer diagnosis can be a big deal. Treatment options often have the best odds when they are started as soon a possible. Delaying the treatment for even a few months could significantly reduce your chances of beating cancer. Additionally, it could reduce your life expectancy by a significant amount of time.
Important Elements of Medical Malpractice
If you and your lawyer decide to pursue legal action following a delayed cancer diagnosis, then you will need to meet the following important elements of a medical malpractice case:
- Duty of care: We will need to first identify that the medical professional had a legal duty of care for your wellbeing
- Breach of duty of care: We will also need to demonstrate that the medical provider behaved in a way that breached that duty of care
- Causation: We must connect the negligence of the medical provider to the injury.
- Damages: There must be actual damages present that can be compensated. This would include things like other medical costs and pain and suffering.
One of the most difficult elements to prove in a medical malpractice case is breach of duty. While medical professionals are expected to uphold a standard of care for each and every patient, we must also demonstrate that they acted in a way that deviated from the expected standard of care.
Read more: Do I Have A Medical Malpractice Lawsuit?
Work With an Experienced Medical Malpractice Lawyer Today
For this reason, it is important to work with an experienced medical malpractice lawyer who is not only familiar with Florida’s laws, but also the complexities of medical malpractice cases. Here are just a few ways that we will help you with your case:
- Gather all evidence: Focus on your treatment and let us build your case by collecting all the necessary evidence. We will gather medical records, witness statements, and any other documents that might be important to your case.
- Hire expert witnesses: Expert witnesses are important in medical malpractice cases. They are knowledgeable about the medical industry and can speak to the expected standard of care.
- Calculate the value of your case: When determining the value of your case, it is important to consider more than your medical bills. The pain and suffering from a delayed diagnosis can be just as life-changing.
Delaying a diagnosis can impact your life in many ways. While compensation from a medical malpractice lawsuit will not reverse the diagnosis, it could provide you and your family with the resources you need to deal with this difficult condition.
Read more: How Long After My Injury, Can I File A Medical Malpractice Claim?
Contact A Medical Malpractice Attorney for a Consultation About Your Delayed Diagnosis Case in Florida
Were you or a loved one injured due to medical malpractice in Florida? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Florida medical malpractice attorneys at Lawlor, White & Murphey are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout Florida, including Fort Lauderdale, Pompano Beach, Weston, and Plantation. Call us today at (754) 226-1474 or fill out our online contact form to schedule a consultation. Our main office is located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312, and we also have offices in Pembroke Pines, Weston, Coconut Creek, Plantation, and Pompano Beach, FL.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.