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How to File a Skin Cancer Misdiagnosis Lawsuit in Florida

How to File a Skin Cancer Misdiagnosis Lawsuit in Florida

Get insights on your legal options after a skin cancer misdiagnosis, including what compensation you may be entitled to and the critical filing requirements.

Early detection is critical in skin cancer, as delays in diagnosis, particularly of aggressive skin cancer types such as melanoma, can be fatal. Unfortunately, misdiagnosis of cancer is a common issue.

If a failure to diagnose skin cancer or a delay in reaching a diagnosis causes harm, legal recourse may be available. A skin cancer misdiagnosis lawsuit can help hold negligent healthcare providers accountable and secure compensation. This guide walks you through understanding misdiagnosis, the legal thresholds for negligence in Florida, how to pursue a claim, and what damages you may seek.

In this article, we’ll break down:

What Is Skin Cancer Misdiagnosis?

A skin cancer misdiagnosis occurs when a cancerous lesion is incorrectly classified as benign or not identified at all. Common skin cancers include:

  • Melanoma: This is the deadliest variant of skin cancer. However, there are several treatment options for melanomas that are caught early.
  • Basal cell carcinoma (BCC): A common kind of skin cancer that has a relatively low mortality rate.
  • Squamous cell carcinoma (SCC): Another common variety of skin cancer, which is not life-threatening if caught before it spreads to other parts of the body. SCC is common in people who smoke or consume a significant amount of alcohol.

It’s important to understand that not every diagnostic error constitutes grounds for a lawsuit. To pursue legal action, the plaintiff must show that the misdiagnosis was due to negligence, meaning there was a departure from the accepted standard of care.

Common Causes of a Skin Cancer Misdiagnosis

Misdiagnoses often stem from several procedural and communication lapses:

  • Failure to biopsy a suspicious mole or lesion even when clinical warning signs were present.
  • Misinterpretation of pathology or lab results, such as misreading subtle cellular changes.
  • Dismissal of patient symptoms or concerns, especially when judgments are based on appearance or demographics rather than clinical orthodoxy.
  • Poor follow-up procedures, such as failure to communicate test results or track referrals for further tests.
  • Communication breakdowns between dermatologists, labs, and primary care providers that leave significant questions unresolved.

What Is the Most Commonly Misdiagnosed Type of Skin Cancer?

Melanoma is the most frequently misdiagnosed form of skin cancer. The amelanotic subtype of melanoma is often mistaken for other skin conditions.

This occurs because amelanotic melanoma lacks the classic dark pigment, making it appear pink, red, or flesh-toned. At first glance, a physician may confuse this kind of skin cancer for eczema, a wart, or a simple insect bite.

Why It’s Often Missed

  • Atypical appearance: Without pigmentation, small lesions may not raise alarms.
  • Rapid progression: Forms like nodular and amelanotic melanoma can spread quickly if not diagnosed and treated promptly.
  • Misclassification during initial exams: Even if the lesion is correctly identified as a form of cancer, a physician may mistakenly classify amelanotic melanoma as being a less aggressive skin cancer such as basal cell carcinoma.

Other Misdiagnosed Skin Cancers

  • Nodular melanoma: These produce marks that are similar in appearance to a cyst or blood blister.
  • Desmoplastic melanoma: The thickened appearance of this form of cancer looks like a scar or callous, and is easy for doctors to overlook.
  • Merkel cell carcinoma: Because this kind of cancer is relatively rare, doctors aren’t used to seeing it and may dismiss the lesions it produces as being a pimple or an inflamed follicle. This kind of cancer is aggressive, making correct and rapid diagnosis essential.

When Misdiagnosis Becomes Malpractice in Florida

For a valid medical malpractice case to exist, Florida law requires the following conditions to be met:

  1. An existing duty of care: the healthcare provider must have formed a doctor-patient relationship.
  2. Breach of the standard of care: the provider’s actions must have deviated from what a similarly qualified professional would do.
  3. Causation: the breach in the standard of care must have directly caused harm.
  4. Damages: the harm caused must be clearly demonstrable.

Misdiagnosing skin cancer, especially when delays allow the disease to advance, can meet the thresholds described above. For a failure to diagnose case to qualify as actionable negligence, you must show that the error harmed you medically and the harm was directly related to the delay in diagnosis.

Step-by-Step: How to File a Skin Cancer Misdiagnosis Lawsuit

To file a skin cancer misdiagnosis lawsuit, follow the process below. For more details on each of these steps, check out our How to File a Medical Malpractice Lawsuit guide, where we explain the legal requirements in-depth.

  1. Gather Medical Records: Request comprehensive documentation—skin exam notes, pathology reports, lab or imaging findings.
  2. Consult a Medical Malpractice Attorney: A lawyer with expertise in cancer misdiagnosis cases can assess your circumstances and guide deadlines.
  3. Pre-Suit Investigation (Required in Florida): Under Florida Statutes § 766.106 and 766.203, you must conduct an investigation and obtain a medical expert affidavit supporting the claim before filing.
  4. Serve Notice of Intent to Sue: This notice—and accompanying expert affidavit—pauses the statute of limitations for 90 days, while parties explore resolution. Learn how this works in Florida’s system.
  5. File the Lawsuit: After the pre-suit period, if unresolved, the complaint is filed. Discovery begins, and many cases settle at mediation; others go to trial.

Law note: There’s a strict statute of limitations for medical malpractice lawsuits in Florida. Under Florida law, most cases must be filed within 2 years of the misdiagnosis, or from when you reasonably should have known about the misdiagnosis. In addition to this 2-year limit, claims must be made within 4 years of the date the malpractice occurred. Florida Statute § 95.11(5)(c) lays out these timelines and also covers the limited exceptions to the statute of limitations.

Missing these deadlines can prevent you from being allowed to make a claim, so it’s important to seek advice from a skilled medical malpractice lawyer as soon as you become aware of a potential misdiagnosis.

What Compensation Are You Entitled To Recover?

If your skin cancer misdiagnosis claim is successful, you may receive compensation for economic and non-economic damages. These categories are generally defined as follows:

  • Economic damages include lost income from having to take time off work due to the illness, and loss of earnings if the cancer causes long-term ill health or disability. Under Florida Statute § 766.202, up to 80% of the value of loss of future earnings due to reduced earning capacity may be awarded as economic damages.
  • Non-economic damages are defined in Florida Statute § 766.118 and cover compensation for pain and suffering, emotional distress, and the loss of enjoyment of life. In the event that a misdiagnosed skin cancer leads to death, the patient’s loved ones may be able to claim for damages under the Wrongful Death Act, and may qualify for both economic and non-economic damages.

In most cases, non-economic damages are capped at $500,000 per claimant. However, there are exceptions to this in the event of gross negligence and recklessness, as the judge may award punitive damages.

Frequently Asked Questions

What if I saw multiple doctors—who is responsible?

Each provider’s liability depends on their role and whether they breached the expected standard of care. Multiple defendants may be named. For example, a doctor, radiologist, and specialist could all be named in a case if a chain of miscommunications or a lack of continuity of care resulted in a delayed diagnosis.

Can I still sue if my cancer was eventually diagnosed?

Yes, it is still possible to file a medical malpractice lawsuit in the case of a delayed diagnosis. What matters is whether negligence delayed proper treatment or worsened outcomes. A slow diagnosis that causes a patient to require more intensive treatment, or otherwise has an adverse outcome, can meet this threshold.

Do I need to prove intent to win?

No. Malpractice cases hinge on negligence, not intent. You merely need to show that your physician or other medical professional failed to meet the expected standard of care, and that this failure caused you harm. A medical professional in a similar specialization must be willing to provide an affidavit to this effect for the case to proceed.

How much compensation can I expect?

Ranges vary. Cases with minimal harm may involve modest settlements, while advanced or fatal cases may yield substantial awards. Your attorney can help estimate based on the specifics of your case.

How often is skin cancer misdiagnosed?

Melanoma misdiagnosis is common, ranking second only to breast cancer in dermatology and pathology malpractice claims. Overdiagnosis of early-stage melanoma is also a concern. If you received unnecessary treatment for melanoma and this led to severe side effects, you may be able to sue the provider who suggested the treatment.

Have a Question?

If you’re navigating a potential misdiagnosis, experienced medical malpractice attorney Alan Sackrin can help you determine if you have a valid case. Call (954) 458-8655 or visit our contact page for a no-obligation, confidential consultation.