Legal Question in Medical Malpractice in Florida

diagnosing cancer

is there a statue of limitations regarding misdiagnosing cancer. The md had the report 8 months before another physician diagnosed my late ovarian cancer and said nothing to me or even suggested a biopsy


Asked on 4/26/07, 11:26 am

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: diagnosing cancer

there is a 2 year statute of limitations. Calculating the start date, though, can be very tricky in medical malpractice cases. Delayed diagnosis of cancer are some of the most difficult malpractice cases to pursue. The case usually turns on causation -- that is, what damage was caused because of the DELAY (not because of the cancer, you had that, but because of the delay in beginning treatment). You should contact a lawyer familiar with these types of cases right away. If you'd like more information, just give me a call.

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Answered on 4/26/07, 11:41 am
Steven Meyer CPLS, P.A.

Re: diagnosing cancer

The statute of limitations for malpractice is 2 years from the date of the incident of malpractice or 2 years from the date the patient reasonably discovered that there was malpractice. The latter is tricky to prove. There are a substantial number of requirements under Florida law before one can file a medical malpractice case in court. You should talk to a lawyer who handles a lot of these cases right away. We would be happy to discuss the situation with you.

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Answered on 4/26/07, 4:11 pm
Diana Santa Maria Law Offices of Diana Santa Maria, P.A.

Re: diagnosing cancer

I am sorry to hear of your misfortune. Yes there are statutes of limitation that apply to medical malpractice cases which are frequently fact dependent. Therefore, a lawyer experienced in medical malpractice cases should review and evaluate the matter for you as quickly as possible. Our office has over 2 decades of experience with these types of cases and a physican available to immediately evaluate your case. Please feel free to contact our offices for a more extensive evaluation at no cost to you.

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Answered on 4/28/07, 8:46 am


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