Time Limitations In Florida Cancer Misdiagnosis Claims
Cancer misdiagnosis is one of the most egregious forms of medical malpractice because of the two-fold effects of the error. A patient who receives a false-positive cancer diagnosis may undergo harsh, invasive treatment that was unnecessary, while a false-negative means a patient does not get the care they need. You may have grounds for a Florida med mal claim if you have evidence showing that the misdiagnosis represents a deviation from the standard of care that applies to health care providers. However, you must also comply with the statute of limitations for medical malpractice cases.
With cancer misdiagnosis, time restrictions can be tricky. At the same time, the laws have a significant impact on your claim, since you are barred from recovering compensation if you miss a deadline. A Tampa cancer misdiagnosis attorney can provide details on the following laws:
Statute of Limitations: The law imposes various deadlines for different types of cases, including breach of contract, actions regarding real estate, and other personal injury matters that are not related to medical malpractice. However, for a cancer misdiagnosis claim, the statute of limitations is two years. If you do not sue in court before it expires, you are barred from taking legal action.
The clock starts to run on the date the incident giving rise to the claim occurred, which is relatively straightforward for a false-positive: The day you receive the wrong diagnosis.
The “Discovery” Rule in Cancer Misdiagnosis Cases: When health care providers are delayed in diagnosing cancer or do not detect it at all, the default statute of limitations might not apply. This is because the law includes a provision known as the discovery rule. You may have up to 4 years to file a lawsuit if you did not discover the incident that gave rise to the claim right away, or if you could not have discovered the error with the exercise of due care.
Fraud with Cancer Diagnosis Errors: Though these cases are rare, there is an additional factor that could further extend the statute of limitations. If a health care provider engaged in fraud or concealed facts that prevented the patient from discovering the mistake, you have an additional 2 years. There is a maximum limit of 7 years in the presence of fraud.
Special Rules for Minors: When cancer misdiagnosis affects a child, the statute of limitations works differently. The 2-year deadline applies, but the effects of the discovery rule allow a case to be filed up until the child’s eighth birthday.
Contact a Florida Cancer Misdiagnosis Lawyer Right Away
The statute of limitations and other applicable deadlines can pass before you know it, so time is of the essence to reach out to an experienced med mal attorney. To learn more about how we can help, please contact Greco & Wozniak P.A. at 813.223.7849 or via our website. We can schedule a no-cost case evaluation at our offices in Tampa, FL. After we review your details, we can discuss the relevant time restrictions for your cancer misdiagnosis claim.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html
