Florida Cancer Misdiagnosis Lawyer

Doctors sometimes misdiagnose or fail to diagnose cancer in time. Many times, these misdiagnoses result from preventable errors. These mistakes can lead to unnecessary or missed treatments. Cancer misdiagnoses can also lead to severe injuries and even death. Freedland Harwin Valori Gander’s Florida cancer misdiagnosis lawyers can determine whether you qualify for a lawsuit.

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

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Cancer is an aggressive illness. If doctors fail to diagnose the disease in time, you may not receive critical treatment, leading to rapid disease progression and even death.

Cancer misdiagnosis also occurs when a health professional diagnoses you with cancer when you don’t have the disease. These cancer misdiagnoses can lead to unnecessary treatments and medicine, which can have harmful side effects. Nearly everyone understands that cancer should be detected as soon as possible; generally speaking, the earlier it is detected, the better the outcome.  

If a cancer misdiagnosis harmed you or a loved one, a Florida cancer misdiagnosis lawyer with Freedland Harwin Valori Gander can help. We can thoroughly analyze your case to determine whether you can file a medical malpractice lawsuit for compensation. With our medical malpractice law firm in Fort Lauderdale and Coral Gables, Florida , we handle cases across the state and nation.

Can You Sue a Doctor for Failing To Diagnose Cancer in Florida?

If a doctor fails to diagnose cancer, you may be eligible to sue.

You'll have to prove the following in order to have a successful cancer misdiagnosis lawsuit:

  • You had a doctor-patient relationship with the doctor, giving rise to a duty to provide reasonable care.
  • The doctor failed to diagnose cancer correctly because of negligence, breaching that duty.
  • The doctor’s error caused harm.
  • The harm caused by the failure to diagnose caused compensable damages. For instance, the misdiagnosis might have delayed critical treatment, allowing your cancer to worsen.

Under Florida law, you must file a misdiagnosis lawsuit within two years of discovering the failure. If you miss this deadline, you can’t file a lawsuit for your or your loved one’s damages.

Doctors are not the only parties who could be liable for failing to diagnose cancer. Any health care provider contributing to your misdiagnosis may be liable, including pathologists, nurses, hospitals, and lab assistants. Talk to a skilled medical malpractice lawyer to learn who you can sue.

Can You Sue a Doctor for Diagnosing You With Cancer if You Did Not Have It?

You may be eligible to sue a doctor or other medical professional if you were wrongly diagnosed with cancer. However, you must prove the following:

  • The medical professional owed a duty of care to you. Generally, the doctor-patient relationship gives rise to such a duty.
  • The doctor acted negligently by misdiagnosing you with cancer.
  • The doctor’s cancer misdiagnosis caused harm. For instance, the cancer misdiagnosis may have led to unnecessary surgery or other treatment that affected your health.
  • The harm caused by the cancer misdiagnosis caused compensable damages. For instance, you may have experienced anxiety from believing you have cancer or have undergone painful, unnecessary treatment. In addition, the misdiagnosis might have delayed treatment for your actual condition.

Common Types of Cancer Misdiagnosis

Any kind of cancer may be misdiagnosed. However, certain types of cancer are more likely to be misdiagnosed.

Here are a few examples of frequently misdiagnosed cancers:

  • Breast cancer may be confused with noncancerous conditions, such as fibrocystic breasts or mastitis.
  • Lung cancer is often misdiagnosed as a noncancerous condition related to lung function, such as pneumonia and chronic obstructive pulmonary disease.
  • Colon cancer may be misdiagnosed as diverticulitis.
  • Pancreatic cancer is often mistaken for peptic ulcers, acid reflux, and gallbladder diseases. According to a study published in the Journal of Gastrointestinal Surgery, misdiagnosing pancreatic cancer for gallbladder disease can lead to the surgical removal of the gallbladder.

Examples of Cancer Malpractice: Cancer Misdiagnosis Stories

Many people have suffered from cancer malpractice. Some have even recovered hundreds of thousands or millions of dollars in compensation for their cancer misdiagnosis.

Here are a few cancer misdiagnosis stories:

  • Judy Karpinski was told she had skin cancer in 2021. She and her husband were so devastated they canceled a $10,000 nonrefundable six-week vacation to Turks and Caicos. Karpinski also upgraded her medical insurance and paid out-of-pocket for tests and consultations. However, she soon learned she never had skin cancer and did not need any treatment. Unfortunately, her attorneys advised against filing a claim because she was healthy, and going to court would be more expensive than her damages.
  • Sandra Kaus was diagnosed with stage III breast cancer. Two weeks later, her doctor told her she should have received the diagnosis earlier and that the delayed diagnosis was due to an administrative mistake. To eliminate all traces of cancer, she underwent a double mastectomy.
  • Jennifer Rufer was misdiagnosed with cancer at 22. She underwent an unnecessary hysterectomy and debilitating chemotherapy. Although she will never regain fertility, Rufer won a $16 million lawsuit against Abbott Laboratories—which created the pregnancy test on which her diagnosis was based—and the hospital that treated her. 
  • A University of Kansas Hospital patient was misdiagnosed with pancreatic cancer and had a noncancerous organ removed. The hospital tried to cover it up. When the patient discovered she never had cancer, she sued the hospital for negligence and fraud. She received $1.8 million in cancer misdiagnosis settlement payouts from the hospital and doctor who made the misdiagnosis.

Freedland Harwin Valori Gander has handled dozens of “failure to diagnose cancer” cases. We have represented clients who had mammograms that were misread by the interpreting radiologist, which caused a delay in diagnosis. We have also handled cases where the mammogram and/or ultrasound were interpreted properly, but the facility and physicians failed to promptly report those results to the patient.

Failure to diagnose cancer cases are not limited to breast cancer. We also have experience handling cases where a patient had a chest x-ray, and the physicians missed lung cancer. We have also brought cases against the interpreting pathologist when they missed cancer on the pathology slides.

It is incredibly important in these cases, like most medical malpractice cases, to have the right team of experts to advocate for what should have been done and how it could have changed the outcome.

Should You Call a Florida Cancer Misdiagnosis Lawyer?

Although it’s possible to file a cancer misdiagnosis lawsuit yourself, doing so is expensive and time-consuming. It’s also risky since you can miss deadlines or make mistakes that prevent you from getting the compensation you deserve. 

The Florida cancer misdiagnosis lawyers at Freedland Harwin Valori Gander can handle your case and ensure you get maximum compensation. Our case results and client testimonials demonstrate our effectiveness and compassion.

Our team of skilled lawyers can do the following for you:

  • Analyze your case and counsel you about your options: We can evaluate your case and provide the pros and cons of filing a lawsuit.
  • Gather and preserve evidence: We can gather doctor’s notes, medical evidence, medical bills, laboratory reports, and third-party expert witness testimonies to support your case.
  • Ensure your case is filed on time: We can file your case before all applicable deadlines expire.
  • Handle all communications and negotiations: If you develop side effects or an illness due to a missed diagnosis or a misdiagnosis, you may not have the energy to deal with the other side. Insurance companies and medical providers may try to pressure you into accepting a lowball payment. Our skilled Florida cancer misdiagnosis attorneys can handle all communications and fight for the maximum compensation.
  • Bring your case to trial: If the opposing side fails to offer a fair and just settlement, we can try your case. We’ll use our courtroom skills and experience to advocate for your rights before the judge or jury.

Resources for Victims of Cancer Misdiagnosis in Florida

Discovering that you or a loved one was a victim of cancer misdiagnosis can be overwhelming. Here are some resources for victims of cancer misdiagnosis in Florida.

Call Freedland Harwin Valori Gander for a Free Cancer Malpractice Case Evaluation

Put our 20+ years of experience to work for you. Call (954) 467-6400 for a free consultation anytime.

We’ve recovered over $2.6 billion for our deserving clients. Get started on your case today with a free consultation! 

Contact Freedland Harwin Valori Gander today.

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