Early detection and treatment could be a lifesaving measure for those with cervical cancer. If cancer goes undiscovered and evolves outside of the cervix, even chemotherapy or radiation may not be able to treat it. An Indiantown cervical cancer misdiagnosis lawyer could assist you with filing a lawsuit if you believe a doctor’s negligence led to your advanced-stage cancer.
A practiced medical malpractice attorney at Domnick Cunningham & Yaffa could review your situation to determine whether a physician or laboratory’s neglect was the cause of the harm you have suffered. Call today to discuss your potential malpractice claim and what legal remedies could be available to you.
Examples of Misdiagnosis in Cervical Cancer Cases
The scenarios below are common examples where failure to diagnose or treat cervical cancer may constitute malpractice:
- Improper reading of a biopsy
- Incorrect reading of a patient’s Pap smear results
- A physician takes an incomplete Pap smear that does not contain sufficient cells for a proper reading
- A patient is experiencing excessive bleeding outside of menstruation, but the physician does not investigate further
- A physician uses a patient’s Pap smear to diagnose rather than merely as a screening tool for gynecological health
It is critical to understand that not every medical error indicates malpractice. For a valid claim of misdiagnosis to be made, it must be proven that the doctor failed to fulfill the acceptable standard of care that would be provided by a competent physician in the same circumstances.
Furthermore, the plaintiff must show that the doctor’s breach of the appropriate care standard was the proximate cause of their damages. A cervical cancer misdiagnosis attorney in Indiantown could investigate the plaintiff’s injury and help them establish each element of negligence required to prove malpractice.
Statute of Limitations for Indiantown Cancer Malpractice Cases
Under Florida Statutes § 95.11, patients who have been harmed by malpractice have two years from the date they discover or should have discovered their injury, but no more than four years from the actual injury date, to file suit against the negligent medical provider. Even if it was not possible for the plaintiff to find out about their injury, they could still be barred from recovering compensation if they try to file suit more than four years after the misdiagnosis occurred.
There are a few exceptions to the statutory deadline which could be relevant in exceptional circumstances. For instance, if the medical provider fraudulently hid their negligence from the plaintiff, the injured person could have up to seven years from the malpractice date to pursue legal action. Speak with an Indiantown cervical cancer attorney to discuss any exceptions which could apply to a specific medical misdiagnosis case.
Requirements for Filing
Florida law requires a plaintiff filing a medical malpractice claim to notify the negligent healthcare provider before they officially assert their case in court. Along with the notice, the plaintiff must also present an affidavit signed by a licensed physician confirming there is sound reason to file a malpractice claim, per Fl. Stat. Ann. § 766.104.
Once the notice and affidavit have been provided to the medical provider, the statutory deadline halts for a period of 90 days to allow for a potential settlement. If the provider notifies the plaintiff at any point within that 90-day window that they have no plan to settle, the injured individual has until the statutory deadline closes or 60 days to file suit, whichever period is longer.
Contact an Indiantown Cervical Cancer Medical Malpractice Attorney
An Indiantown cervical cancer medical malpractice lawyer could lend invaluable support and provide unwavering representation from the start to the close of your case. If a medical provider did not properly treat or diagnose your cancer, you could be entitled to compensation for your medical bills, lost income, mental anguish, emotional distress, pain, suffering, and other damages.
Speak to a member of our team today.