Cervical cancer is considered to be one of the most preventable forms of cancer due to the effectiveness of screening tests such as the Pap smear. According to the National Cervical Cancer Coalition, “most women who have abnormal cervical cell changes that progress to cervical cancer have never had a Pap test or have not had one in the previous three to five years.”
Doctors have a duty and obligation under Florida law to treat their patients with a professional standard of care defined as the “level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” Fla. Stat. Section 766.102(1). If you or a loved one developed cervical cancer as a result of medical malpractice or negligence, contact a Palm Beach County cervical cancer litigation lawyer. A capable and compassionate cervical cancer medical malpractice attorney could help you hold negligent health care providers accountable.
Reasons to File a Lawsuit
Cervical cancer is routinely cited as highly detectable and treatable in its earliest stages. However, because early-stage cervical cancer often does not present many symptoms it is incumbent on a medical professional to conduct a proper screening and assessment of a woman. There are a number of instances which may cause a woman to consider filing a cervical cancer lawsuit including:
- Improper Pap smear technique
- Inadequate Pap smear reading and review
- A doctor failing to follow up on abnormal test results
- Using a pap smear as a diagnostic tool rather than a screening tool
- Failing to accurately and thoroughly assess a woman for signs and symptoms of cervical cancer
All of these instances may imply a doctor or medical professional was negligent and therefore may be held liable.
Understanding Liability in Cervical Cancer Litigation Suits
As established by Fla. Stat. Sec 766.102(1), in any instance where a woman develops cervical cancer as a result of her doctor’s actions or inactions she may have to prove her doctor or healthcare professional was negligent. Further Florida Stat. Sec 766.102(1) provides “the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider.” In simple terms, this requires a woman to prove the following elements:
As a Palm Beach County cervical cancer litigation lawyer might explain, an essential part of any cervical cancer litigation lawsuit is proving a breach of a professional standard of care.
Cervical cancer litigation suits are filed because, in most instances, a woman presented abnormal cells that either went undetected because a doctor failed to perform a pap smear properly or because a woman presented with abnormal cells and her doctor did not follow up to ensure that these cells were not pre-cancerous.
Benefits of Speaking with a Palm Beach County Cervical Cancer Litigation Attorney
If you or a loved one was diagnosed with cervical cancer as a result of a doctor’s negligence and bad practices, a Palm Beach County cervical cancer litigation lawyer can help you every step of the way.
From conducting a thorough pre-suit investigation to participating in pre-suit mediation and settlement negotiations, and through the litigation process, a Palm Beach County cervical cancer litigation attorney is uniquely situated to help women affected by medical negligence and malpractice. Call today for a free consultation.
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