While a cancer diagnosis can be devastating, dealing with medical malpractice in relation to a cancer diagnosis can be more devastating still. The unfortunate reality is that medical malpractice is alarmingly common, and the data show that medical mistakes related to cancer diagnosis and treatment are among the greatest risks for patients.
As a result, if you have concerns about medical malpractice related to a cancer diagnosis or cancer treatment, you should not ignore them.
Within the context of cancer diagnosis and treatment, medical malpractice can take many different forms. For patients and family members who are coping with the effects of medical malpractice, hiring a lawyer to take legal action can be extremely important. If you have a claim, not only may you be entitled to compensation for your family’s medical bills (or at least a portion of them), but you may be entitled to compensation for other financial and non-financial losses as well.
Potential Medical Malpractice Claims Involving Cancer Diagnosis
Some of the most common medical malpractice claims involving cancer relate to diagnostic errors. Broadly speaking, diagnostic errors can take three main forms: (i) failure to diagnose, (ii) delayed diagnosis, and (iii) misdiagnosis.
Failure to Diagnose Cancer
If your former doctor (or a loved one’s former doctor) failed to provide a cancer diagnosis when sufficient information was available, you could have a medical malpractice claim under Florida law. While there are circumstances in which it may be reasonable not to detect early-stage cancer during a routine exam, failure to diagnose cancer can justify a medical malpractice claim in a wide range of circumstances.
In many cases, failing to diagnose a patient’s cancer can have irreversible consequences. Oftentimes, the longer a patient’s cancer is left untreated, the more it will spread. The more cancer spreads, the more difficult it can become to treat, and the worse the patient’s prognosis can become as well.
Delayed Diagnosis of Cancer
Delayed diagnosis of cancer can have similar consequences. If you or a loved one received a cancer diagnosis too late to prevent irreversible consequences, you may have a medical malpractice claim in this scenario as well. Here, establishing your claim will involve showing that your doctor (or your loved one’s doctor) missed a previous opportunity to provide a timely and accurate diagnosis.
To be clear, not all circumstances involving prior treatment give rise to medical malpractice claims under Florida law. For example, if you previously sought treatment for a broken bone or soft tissue injury, your doctor may not have had a reason to test for cancer. But, if your doctor overlooked cancer symptoms during a routine exam, or if you specifically scheduled an appointment because you were experiencing symptoms (whether or not you thought they were symptoms of cancer), this is a situation in which a medical malpractice claim may be warranted.
Misdiagnosis of Cancer
Misdiagnosis of cancer is a common issue as well—and misdiagnosis claims and delayed diagnosis claims will often go hand-in-hand. With many types of cancer, the early signs can also be symptomatic of a variety of other health conditions. If another health condition seems more likely, a doctor may diagnose this condition rather than taking the steps necessary to determine if a patient has cancer.
If this proves to be a mistake, this can be a situation in which a medical malpractice claim is warranted as well. When assessing whether a mistake rises to the level of medical malpractice, one of the key issues that requires examination is whether other doctors would have likely made the same judgment call in similar circumstances.
Potential Medical Malpractice Claims Involving Cancer Treatment
Despite today’s modern medical technology and the significant advancements in cancer research over the past several years, treatment errors remain common as well. Just like diagnostic errors, there are several types of cancer treatment errors that can justify medical malpractice claims under Florida law.
Delayed Treatment of Cancer
Once a patient has been diagnosed with cancer, prompt treatment can be essential for mitigating the long-term (and potentially life-threatening) risks involved. As a result, any unnecessary delays in treatment can potentially give rise to claims for medical malpractice. This includes delays due to patient record mix-ups, poor hospital administration, and a variety of other issues.
As we discuss below, documentation is one of the keys to a successful medical malpractice claim involving cancer. When the timing of treatment is a factor, it is important to have documentation of both the date of the patient’s diagnosis and the date that treatment began. Any documentation that suggests the reason for the delay in treatment could be valuable evidence as well.
Improper Treatment of Cancer
There are many forms of cancer treatment, and different patients (and different cancers) respond to different forms of treatment differently. As a result, it is essential that doctors provide an effective form of treatment under the circumstances at hand. While it can take time to figure out what works best in some cases, doctors must be diligent in determining each individual patient’s needs.
If a cancer treatment is ineffective, it will be important to determine why this is the case. If your doctor (or your loved one’s doctor) should have provided a different treatment recommendation based on the circumstances presented, the failure to provide effective treatment—or at least try or recommend something different—may constitute medical malpractice.
Failure to Obtain Informed Consent
While cancer treatments can have significant benefits in some cases, they can also be risky. As a result, when recommending various cancer treatments, it is imperative that doctors explain the risks involved. If you (or your loved one) experienced complications from cancer treatment and your doctor (or your loved one’s doctor) did not adequately disclose the risk of these complications prior to treatment, you may have a medical malpractice claim in this situation as well.
In this situation, your medical malpractice claim will be based on failure to obtain informed consent. While there are exceptions for medical emergencies and certain other situations, as a general rule, doctors must obtain informed consent prior to treatment. If you (or your loved one) did not receive the information needed to make an informed decision about a particular course of cancer treatment, it will be worth talking to a medical malpractice lawyer about your legal rights.
Pursuing a Cancer-Related Medical Malpractice Claim in Florida
Similar to cancer treatment, pursuing a medical malpractice claim is a process that takes time. While you can (and should) hire an experienced medical malpractice lawyer to handle your claim for you, there are some preliminary steps you will need to take yourself.
Fortunately, these steps are fairly simple—and, if you have questions, an experienced medical malpractice lawyer can help. With this in mind, here is a brief introduction to some of the key steps involved in filing a cancer-related medical malpractice claim in Florida:
1. Documenting Your Concerns About Medical Malpractice
One of the first steps you should take is to document your concerns about medical malpractice. Spend 10 to 15 minutes taking notes, and try to answer questions such as:
- Why do you have concerns about medical malpractice?
- When did you first start to have concerns about medical malpractice?
- Are your concerns related to cancer diagnosis, cancer treatment, or both?
- Which healthcare provider(s) were involved?
- Have any healthcare providers said anything to confirm (or try to dissuade you of) your concerns?
These are all important pieces of information that your medical malpractice lawyer will want to know. The more information you can bring to your free initial consultation, the easier it will be for your lawyer to provide a preliminary assessment of your legal rights.
2. Hiring a Lawyer to Assess Your Legal Rights
Speaking of your free initial consultation, you will want to schedule an appointment as soon as possible. It costs nothing to find out if you have a medical malpractice claim related to your (or your loved one’s) cancer diagnosis or treatment. During your free initial consultation, your lawyer will begin gathering the information he or she needs to assess your legal rights, and your lawyer will be more than happy to answer any and all questions you may have.
If you have grounds to pursue a medical malpractice claim related to your (or your loved one’s) cancer diagnosis or treatment, your lawyer will continue to keep you updated and informed throughout the process. You can also expect to work closely with your lawyer on various aspects of your claim, including determining how much you and your family are entitled to recover.
3. Documenting the Consequences of Your (or Your Loved One’s) Doctor’s Malpractice
Determining how much you and your family are entitled to recover starts with documenting the consequences of your (or your loved one’s) doctor’s malpractice. This includes financial consequences such as:
- Medical bills for additional diagnostic testing
- Medical bills for cancer treatment that would not have otherwise been necessary
- The cost of purchasing prescription medications and other necessary items
- Loss of income and benefits due to inability to work
It also includes non-financial consequences such as:
- Pain, suffering and emotional trauma
- Scarring, disfigurement or other changes in physical appearance (i.e., hair loss)
- Loss of companionship, consortium, services, and support
- Loss of enjoyment of life
You should try to document these consequences as much as possible. This includes doing your best to keep track of your (or your loved one’s) medical records, keeping any bills and receipts, keeping track of days or weeks missed from work, and continuing to take notes on a daily basis. With that said, if you don’t have any documentation that you need for your claim, your lawyer will be able to help.
4. Filing a Notice of Intent and Dealing with Your Doctor’s Insurance Company
Once it is clear that you have a medical malpractice claim, the first formal step in the process is to file a “Notice of Intent.” This is required under Florida law. Once your lawyer files your Notice of Intent, then the next steps in the process will most likely involve dealing with your doctor’s insurance company.
5. What to Expect From Your Medical Malpractice Claim
Going forward, you can expect the process to take time, and you can expect to communicate with your lawyer regularly while your lawyer fights for just compensation on your family’s behalf. If a settlement offer is on the table, your lawyer will help you decide whether to accept; and, if necessary, your lawyer will take your medical malpractice claim to court.
Do You Have a Cancer-Related Medical Malpractice Claim? Contact Us to Find Out for Free
If you need to know more about filing a cancer-related medical malpractice claim in Florida, we invite you to get in touch. To discuss your legal rights with an experienced lawyer at Silva & Silva in confidence, please call 305-445-0011 or request a free consultation online today.