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Cancer Misdiagnosis Lawyer in Florida

Cancer Misdiagnosis Lawyer in Florida

Get insights on how a medical malpractice lawyer can help you recover compensation for a delayed or missed diagnosis. Learn the critical filing requirements.

A missed or delayed cancer diagnosis can be devastating. Early detection is one of the most important factors in improving survival rates, but when doctors overlook warning signs, misinterpret tests, or fail to follow up, patients may lose critical time. In many cases, cancer misdiagnosis is preventable and may amount to medical negligence.

This is where a cancer misdiagnosis lawyer plays a vital role. An experienced medical malpractice attorney can investigate what went wrong, gather the necessary medical evidence, consult with experts, and pursue financial compensation for medical expenses, emotional suffering and loss of earnings.

For patients and families in Florida, where statutes impose strict deadlines and unique pre-suit requirements, the guidance of a knowledgeable malpractice lawyer can make the difference between a dismissed claim and a successful recovery.

In this article, we’ll break down:

What Is Considered a Cancer Misdiagnosis?

A cancer misdiagnosis occurs when a healthcare provider incorrectly diagnoses cancer as a different condition, fails to arrive at a diagnosis at all, or is slow to reach a diagnosis, allowing the disease to progress. For a patient to be able to sue for a cancer misdiagnosis, the error must have caused them harm. For example, the delay in diagnosis must have led to worsened symptoms or caused them to need a more aggressive or dangerous form of treatment.

In malpractice cases, three terms are often used:

  • Misdiagnosis: The patient is told they have something other than cancer, while cancer is present.
  • Delayed Diagnosis: Cancer is eventually diagnosed, but only after harmful delays.
  • Failure to Diagnose: Cancer is never identified, despite symptoms and test results that should have led to further investigation. This type of medical malpractice is discussed in depth in our Failure to Diagnose Lawsuit.

Some common causes of misdiagnosis include:

  • Radiology errors where a tumor is missed on an imaging scan, for example, due to poor image quality
  • Lab result misinterpretation
  • Failure to refer the patient to a specialist
  • Ignoring or dismissing patient-reported symptoms

Not every diagnostic mistake is medical malpractice. For a claim to succeed, the error must fall below the prevailing professional standard of care in Florida. This is defined as what a reasonably competent physician in the same specialty would have done under similar circumstances.

Types of Cancer Often Misdiagnosed

Certain cancers are more likely to be overlooked or confused with benign conditions. Each presents unique diagnostic challenges.

Breast Cancer Misdiagnosis

Breast cancer remains one of the most frequently misdiagnosed cancers, particularly in younger women who have sought medical advice after finding a lump during a self-examination or those with dense breast tissue. Physicians may mistake lumps for benign cysts, leading to delayed detection of the disease. Common causes include:

  • Misread mammograms
  • Failure to biopsy a suspicious mass
  • Delayed follow-up on abnormal imaging

For a more detailed explanation of these scenarios, see our Breast Cancer Misdiagnosis Lawsuit Guide.

Skin Cancer Misdiagnosis

Skin cancer, particularly melanoma, often appears deceptively benign. Physicians may mistake some kinds of melanoma for a mole, eczema, psoriasis, or even an insect bite. Dermatologists and primary care doctors follow detailed diagnostic procedures to aid in the early detection of life-threatening melanomas, but lapses can occur when biopsies are delayed or suspicious lesions are dismissed.

The different types of skin cancer and common reasons for the condition to be overlooked or misdiagnosed are discussed in our article, How to File a Skin Cancer Misdiagnosis Lawsuit in Florida.

Other Frequently Misdiagnosed Cancers

Cancer is the second most common cause of death in the United States, and any cancer that is frequently diagnosed is at risk of being missed by some physicians. Some common cancers with a high misdiagnosis rate include:

  • Colon cancer: Symptoms such as constipation or rectal bleeding may be attributed to hemorrhoids or diet issues.
  • Pancreatic cancer: Early symptoms are vague and often dismissed as digestive discomfort.
  • Lung cancer: A persistent cough or chest pain may be mistaken for bronchitis or asthma.
  • Ovarian cancer: Abdominal bloating or pelvic pain is often overlooked as a gynecological or digestive issue.
  • Lymphoma: Fatigue and swollen lymph nodes may be mistaken for symptoms of an infection.
  • Prostate cancer: Because this cancer is slow-growing, it’s sometimes overlooked during routine screening.

Common Reasons for a Cancer Misdiagnosis

Cancer misdiagnosis can stem from multiple breakdowns across the healthcare system. While not all errors are considered to be malpractice, when providers fail to follow established protocols, patients may have grounds for a claim.

  • Failure to order timely tests: Skipping biopsies, colonoscopies, or imaging despite the patient having symptoms that indicate such tests are necessary.
  • Misreading test results: Overlooking tumors or misinterpreting test results, either due to reading the results incorrectly, or because the quality of the sample/image was poor.
  • Attributing symptoms to less serious conditions: Physicians often dismiss chest pain as a symptom of anxiety or blame fatigue on infection. Symptoms of colon cancer are sometimes attributed to a poor diet, and young women who present with breast cancer symptoms are often dismissed without follow-up due to their age.
  • Inadequate follow-up care: Busy healthcare providers may forget to follow up on ambiguous test results or be slow to inform patients of concerning results, delaying potentially life-saving care.
  • Breakdowns in provider communication: Referrals may be lost, or test results may never reach the treating physician. These issues are common in understaffed hospitals and when a patient is working with a multidisciplinary team. We cover communication breakdowns in more depth in our Surgical Malpractice Lawsuit.
  • Lack of specialization: Primary care physicians may miss subtle signs that specialists would recognize. Best practice would be for the physician to refer the patient to a specialist if they have any concerns about the patient’s symptoms.

Understaffed facilities and teaching hospitals with inexperienced staff members can play a role in misdiagnosis. Hospitals, clinics, and diagnostic centers that fail to maintain effective systems for follow-up, test tracking, or provider communication leave patients at risk of falling through cracks in the system, leading to treatment delays. Learn more in the Role of Healthcare Settings section of our Surgical Malpractice Lawsuit guide.

How Does a Medical Malpractice Lawyer Prove Your Case?

In Florida, proving a cancer misdiagnosis claim requires demonstrating that a healthcare provider breached the prevailing professional standard of care and that this breach caused harm. A lawyer’s role is to strategically build the case with evidence, expert testimony, and clear legal arguments.

Thorough Investigation of Medical Records

Attorneys analyze pathology reports, imaging scans, and clinical notes. They compare the care provided against established medical guidelines to determine whether negligence occurred.

Expert Witness Consultation and Coordination

Lawyers retain oncology, pathology, and radiology experts to evaluate the care received. These experts explain whether the defendant’s actions met or fell below accepted medical standards.

Under Florida law, a plaintiff is required to provide a signed affidavit from an expert who has significant professional experience in the field in which they’re alleging malpractice occurred.

Building a Strong Compensation Claim

If an attorney believes they can prove negligence and is willing to take on your case, the next thing they’ll do is quantify the damages you have incurred. Those damages may include:

  • Medical costs for past and future treatments
  • Lost income or reduced earning capacity
  • Pain and suffering (physical and emotional)
  • Wrongful death damages

Attorneys can negotiate with insurance companies to achieve a settlement out of court or during mediation, and will prepare for trial in case it’s not possible to reach a settlement agreement.

Evidentiary Challenges in Proving Causation

Causation is often contested. Plaintiffs must prove that the lack of treatment, or delay in starting treatment, caused a worsened outcome. In Myklejord v. Morris, 766 So.2d 1160 (2000), the Florida courts emphasized the importance of expert testimony linking the delay in diagnosis to the cancer’s progression.

What Compensation Can You Recover in a Cancer Misdiagnosis Case?

Compensation in Florida cancer misdiagnosis lawsuits includes both economic and non-economic damages.

  • Economic damages: Include the cost of medical care such as additional surgeries, chemotherapy, medications, and future care for the cancer or any long-term illness/disability that the delay in receiving treatment caused. They also cover loss of past income, and up to 80% of any reduction in future earning capacity.
  • Non-economic damages: Compensation may also be paid to cover emotional distress, pain and suffering, and reduced quality of life. Florida Statute 766.202 (3) & (8) explains these categories of damages and provides a detailed list of what is included in them. In most cases, non-economic damages are capped at $500,000 under Florida Statute 766.118.
  • Punitive damages: If the healthcare provider was reckless or showed extreme negligence, additional compensation may be awarded. However, these awards are rare and have a high evidentiary burden.
  • The Wrongful Death Act: In cases where a cancer misdiagnosis was fatal, the surviving family members may be able to claim the impact that the loss of a loved one had on them. In addition to the types of compensation listed above, the award may also cover loss of the person’s income if family members were dependent on them and loss of consortium/companionship. These rights are outlined in Florida’s Wrongful Death Act, which governs how these claims are filed and what damages may be recovered.

Who Can Be Held Liable for a Cancer Misdiagnosis?

Depending on the facts of the case, multiple parties may share responsibility:

  • Individual physicians: oncologists, radiologists, dermatologists, or primary care physicians who failed to meet the standard of care.
  • Hospitals or clinics: where systemic failures, such as poor communication systems, contributed to a delay in a patient receiving appropriate care.
  • Labs or imaging centers: for poor-quality scans or errors in pathology or radiology interpretations.

Steps to File a Cancer Misdiagnosis Claim

Filing a claim in Florida involves several steps that must be followed correctly in order for a claim to be accepted. If the correct evidence isn’t provided or critical deadlines are missed, the courts may dismiss the claim. For full details, see our guide on How to File a Medical Malpractice Lawsuit.

  1. Case evaluation: determine if medical malpractice occurred and if that malpractice caused harm.
  2. Collection of evidence: including medical records, tests, and billing as well as witness statements from loved ones or care providers if these are available.
  3. Expert medical review: Florida law requires plaintiffs to submit an affidavit from a medical professional working in the same or a similar field to the defendant, confirming that it’s their expert opinion that the prevailing professional standard of care was breached. Without this evidence, the case cannot proceed.
  4. Pre-suit notice: Florida courts require a notice of intent to be sent to the defendant before the lawsuit is filed.
  5. Filing the lawsuit: After giving the defendant time to respond to the notice of intent, the plaintiff can file the lawsuit. This must be done within the statute of limitations.
  6. Negotiation or litigation: working toward settlement or proceeding to trial.

Under Florida law, you generally have 2 years from when you discovered or should have discovered the malpractice, but no more than 4 years from when it occurred, to initiate a lawsuit. There are some exceptions to this rule, such as in cases of fraud or concealment, or if you were under the age of 18 when the malpractice occurred. These time limits are known as the Statute of Limitations.

Missing these deadlines can bar your claim entirely. For this reason, it’s vital that anyone who has been a victim of a cancer misdiagnosis seek professional legal advice from an experienced medical malpractice attorney as soon as they become aware of their misdiagnosis. Prompt action can help preserve vital evidence and ensure that statutory deadlines are met.

Why Choose a Lawyer With Experience Filing Medical Malpractice Lawsuits?

Cancer misdiagnosis claims are both medically and legally complex. An experienced malpractice attorney brings:

  • Familiarity with medical records and expert testimony requirements
  • Deep knowledge of Florida statutes and pre-suit notice rules
  • Access to medical experts in oncology, radiology, and pathology
  • The ability to communicate case details persuasively and clearly
  • Strategic insight into insurer tactics and jury presentations
  • Years of experience in obtaining verdicts and settlements that make victims whole

Have Questions or Want to Schedule a Case Evaluation?

If you believe you or a loved one has suffered an adverse health outcome due to a delayed or missed cancer diagnosis, you don’t have to face the system alone. Contact experienced Florida medical malpractice attorney Alan Sackrin today for a case evaluation. Fill out our contact form or call us at (954) 458-8655 to book a consultation.