The American Cancer Society reports that ovarian cancer is the fifth-highest cause of female cancer-related deaths. The prompt diagnosis and treatment of ovarian cancer can truly make the difference between life and death. When a medical provider fails to detect the signs of ovarian cancer in a patient or neglects to take swift action when treatment is needed, victims could seek the assistance of an Indiantown ovarian cancer misdiagnosis lawyer.
A seasoned personal injury attorney at Domnick Cunningham & Yaffa could determine whether a physician was negligent in the diagnosis or treatment of your cancer and pursue legal damages on your behalf.
Proving that a Medical Provider Committed Malpractice
The actions of individuals who work in the medical field are held to an extraordinarily high standard of care. Florida Statute § 766.102 outlines the medical standard of care in the state. To prove that a healthcare provider violated this standard, it must be shown that the physician or a laboratory failed to provide the degree of care that a reasonable physician would deem suitable when faced with the same situation.
An Indiantown ovarian cancer misdiagnosis attorney representing the patient also needs to prove that the physician’s breach of the existing care standard caused the patient harm and that the patient suffered actual damages due to the provider’s breach. A well-versed lawyer understands the specific nuances involved in proving medical misdiagnosis claims and could help the patient recover damages such as pain and suffering, medical bills, income loss, and other losses.
Warning Signs of Ovarian Cancer
The following are common warning signs that might accompany ovarian cancer:
- Strange mood shifts
- Pain during sex
- A feeling of fullness immediately after eating
- Persistent heartburn
- Digestive troubles, including nausea, bloating, and pain in the abdomen
- Incessant urination
- Difficulty eliminating bodily waste
- Extreme exhaustion
Women could be at higher risk of ovarian cancer if they are over the age of 63, they have a family history of this type of cancer, they have received hormone replacement therapy, or their menstrual cycle started at age 11 or younger. Women who become mothers after the age of 30 may also face an increased risk of ovarian cancer.
Forms of Ovarian Cancer
The three primary forms of ovarian cancer are germ cell, epithelial, and stromal tumor. Women 51 and older are the highest-risk age group for germ cell ovarian cancer, with most ovarian cancer cases falling into the epithelial category. Women 29 and below are the most at risk for stromal tumor ovarian cancer.
Deadline to File a Medical Misdiagnosis Lawsuit in Indiantown
According to Fl. Stat. Ann. § 95.11, a general two-year statutory deadline applies to medical malpractice lawsuits filed with the state’s civil courts. The statutory window commences on the date the patient learns, or should have learned, about the injury. Additionally, Florida’s statute of repose asserts that regardless of when the patient learns they are injured, they may not file a malpractice claim if more than four years have passed since the malpractice date.
There are exceptions to these statutory deadlines which could apply in rare cases. For example, if the physician used fraud to hide their malpractice from the patient, the patient has two years from the date they learn about the injury but no more than seven years from the injury date, to file suit. An ovarian cancer medical misdiagnosis attorney in Indiantown could explain the deadline governing the patient’s claim and file accordingly.
Reach out to an Indiantown Ovarian Cancer Medical Malpractice Attorney
If you suspect that a doctor’s negligence delayed the diagnosis or treatment of your cancer, you have the right to take legal action to hold the provider accountable for their negligence. A compassionate attorney at Domnick Cunningham & Yaffa could advise whether you have a qualifying claim for compensation and counsel you regarding how to best proceed.
Schedule your consultation with an Indiantown ovarian cancer misdiagnosis lawyer by calling the office today.
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