Steps to Take if You Suspect Cancer Misdiagnosis
Whether it was a delay in detecting the disease or a complete failure to identify it, cancer misdiagnosis means serious implications for patients. You could receive a false-negative, which enables cancerous cells to grow and spread without proper treatment. Some patients suffer from a false-positive, so they undergo unnecessary, extremely harsh treatment like radiation therapy, chemo, and surgery. Fortunately, cancer misdiagnosis is covered under Florida’s medical negligence statute, providing legal remedies to victims who suffer overwhelming losses.
You are no doubt reeling after finding out that health care providers made a diagnostic mistake, and it is upsetting when you even have suspicions of a misdiagnosis. It can be difficult to know what to do, but you will have the guidance you need when you retain a Tampa cancer misdiagnosis lawyer for help. In addition, there are some steps you can take to support your health and your rights.
Get a Second Opinion: If you were diagnosed with cancer and your physician put you on a treatment plan that is not working, it may be wise to see someone else. The same is true if you were never diagnosed with a medical condition, but you are still experiencing symptoms. Get a second opinion from a new cancer physician, who will take a fresh look and may find errors.
Keep Detailed Notes: You should document everything about your experiences with cancer misdiagnosis, starting from when you sense concerns. Start a journal about treatment you receive that was required only because of the misdiagnosis. Plus, make sure that your new doctor includes details in your medical records, including:
- The corrected diagnosis;
- Symptoms that led your second physician to make a proper diagnosis; and,
- Any consequences for your health from failure to diagnose cancer.
Follow Doctor’s Orders: A patient has a duty to mitigate or minimize damages in a medical malpractice case, at least as much as practical. As you are being treated by the second physician who properly diagnosed you, it is critical to follow your cancer care plan. Attend all appointments and go through recommended treatment, which will support your health as well as your med mal claim.
Hire a Medical Malpractice Lawyer: You will need legal assistance to pursue a med mal case for cancer misdiagnosis, as the laws and court procedural rules are extremely detailed. An attorney will tackle the essential tasks, including:
- Conducting the pre-suit investigation;
- Obtaining a Certificate of Merit from a medical expert;
- Filing the complaint to initiate the lawsuit;
- Working through discovery and depositions; and,
- Representing you at trial, if you do not settle beforehand.
Our Florida Cancer Misdiagnosis Attorneys are Ready to Support You
Medical malpractice cases are among the most challenging legal actions in personal injury law, so you need qualified legal representation to assist with the process. To learn how Greco & Wozniak P.A. can help, please contact our Tampa offices. You can set up a no-cost case review by calling 813.223.7849 or visiting our website. A Florida cancer misdiagnosis lawyer can provide details about your case after reviewing the facts.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.102.html
