Receiving a cancer misdiagnosis can be devastating because the earlier the physician makes the determination, the better chance there is to overcome the illness. Lawsuits may result when the misdiagnosis of cancer, or its failure to be diagnosed at all, causes a delay in treatment, leading it to spread.
Sadly, as a practiced failure to warn attorney can attest, it can be a fatal mistake. Remembering that a misdiagnosis alone is not cause for a civil suit is important. The case must prove the elements necessary for malpractice. Contact a compassionate and qualified Sarasota cancer misdiagnosis lawyer at Dannheisser Injury Law for more information or help with a case.
Some of the common misdiagnosis causes include:
Early detection and prompt medical treatment are crucial for overcoming cancer. During the consultation, a Sarasota cancer misdiagnosis attorney can review the case details and answer specific questions about the process.
A patient seeking damages from a certified healthcare professional for medical malpractice, including cancer misdiagnosis, must show the existence of specific elements for success. The case must prove each of the following components:
The burden of proof falls on the individual or group seeking damages from the healthcare provider, also called the plaintiff. They must establish each of the elements needed to prove liability to collect a settlement for their damages and losses.
Filing the action within the guidelines of state personal injury regulations, such as the statute of limitations, is essential. The legislation requires the patient, with the help of a seasoned cancer misdiagnosis lawyer in Sarasota, to file the suit within two years of the malpractice in most cases. Because the date of malpractice discovery is later than the treatment, the clock begins running the date the patient reasonably discovers the malpractice.
Medical malpractice cases are subject to the comparative negligence doctrine for shared fault cases. Under Florida Revised Statutes § 768.81, if the court determines the physician and patient contributed to the damages, it will allocate a percentage of fault to each party. After assessing the responsibility of each party, the total award for damages is diminished by the injured person’s percentage of liability.
If you believe you or a loved one has been hurt because of a cancer misdiagnosis, you must hold the doctor or other certified health provider accountable. Cancer is a brutal disease and substantially impacts the patient’s quality of life. When the disease grows worse or becomes terminal because of physician negligence, you have every right to hold them legally and financially responsible.
Navigating the civil court process to prove medical malpractice cases is complex and often confusing. Fortunately, an experienced Sarasota cancer misdiagnosis lawyer at Dannheisser Injury Law can help you. Call soon to review your case and get started if you need help with a claim.
