Women who have a family history of gynecologic cancers or are experiencing adverse related symptoms may be at higher risk of developing ovarian cancer. It is the duty of doctors and laboratories in Belle Glade to provide the same standard of care that is required of those in the medical profession when treating cancer patients. When a doctor fails to comply with the proper standard of care that another reasonable physician would provide in the same patient scenario, a Belle Glade ovarian cancer medical misdiagnosis lawyer could help hold the provider liable.
Since the law imposes firm statutory deadlines by which a medical malpractice lawsuit must be filed, consider speaking with a personal injury attorney at Domnick Cunningham & Yaffa today to ensure your right to legal recovery is adequately protected.
Deadline to File a Medical Misdiagnosis Case in Belle Glade
As stated in Florida Statutes § 95.11, patients who are injured due to a medical provider’s malpractice generally have two years in which to file a lawsuit seeking civil damages. Furthermore, regardless of when the patient learns of the laboratory or medical provider’s negligence, they would have no more than four years from the date they are injured to file suit under Florida’s statute of repose.
It is paramount to speak with an ovarian cancer medical misdiagnosis attorney in Belle Glade right after discovering an injury to ensure compliance with the appropriate statutory deadlines. A lawyer could advise the injured patient regarding any rare exceptions which could pertain to their situation.
Common Causes of Ovarian Cancer
There are numerous ways cancer may be left undiagnosed or misdiagnosed, with some of the most common examples outlined below:
- Insufficient screening procedures for patients with pre-existing risk factors
- Failing to follow up on a patient’s symptoms which may indicate ovarian cancer
- Misinterpreting a patient’s biopsy
- Failing to implement the appropriate diagnostic procedures
- Detecting cancer but failing to categorize it properly
Additional Lawsuit Filing Parameters
Florida law has specific parameters that must be followed to file a malpractice lawsuit with the state’s civil courts. Before a lawsuit can be submitted to the court, the plaintiff’s attorney should file a notice to sue and present a physician’s affidavit to the defendant. The affidavit must contain a licensed doctor’s written opinion that there is sufficient cause to pursue a misdiagnosis case.
The filing of this notice and affidavit commences a 90-day period, during which the medical provider is afforded the opportunity to settle the case without a trial. If the provider does not agree to settle and informs the plaintiff of such before the close of the 90 days, then the plaintiff has the remainder of the 90-day window, or until the statutory deadline terminates, to proceed with their lawsuit.
Recovering Medical Misdiagnosis Losses
The compensation which could be recovered in the event of a delayed cancer diagnosis or misdiagnosis could include economic and non-economic losses, and in some instances, punitive damages. Examples of recoverable compensation include:
- The patient’s lost income
- Medical bills
- Surgical costs
- Treatment bills
- Future wage loss
- Loss of consortium
- Pain and suffering.
A Belle Glade ovarian cancer medical misdiagnosis attorney could zealously pursue the full extent of damages to which the injured party could be entitled.
Call a Belle Glade Ovarian Cancer Medical Malpractice Attorney
You could be entitled to a range of financial damages if your cancer or related injury was affected by a negligent physician or laboratory. An attorney at Domnick Cunningham & Yaffa could evaluate your case and advise whether there could be a well-founded basis to file suit against the healthcare provider.
Consult with a Belle Glade ovarian cancer medical misdiagnosis lawyer about your situation and your legal options.
Speak to a member of our team today.