Legal Question in Medical Malpractice in Florida
Failure to Diagnose Cancer
My mother recently passed away. Her dr. failed to diagnose her stomach cancer. My mom diligently visited her doctor for the past six years and this doctor prescribed an antacid pill instead of ordering the endoscopy. My sisters and I would like to know if we can sue Leon Medical Center and her physician for failure to diagnose cancer? Please note that my mom was admitted on 11/25 and Leon Medical Center discharged her on 12/2/04 noting that there was nothing wrong with her - that it was all in her head. My mother was re-admitted on 12/29/04 with the same condition of not being able to breathe and that was when the hospital ordered an endoscopy and diagnosed the massive tumoer in her stomach. She died on 1/12/05.
2 Answers from Attorneys
Re: Failure to Diagnose Cancer
It is important to gather all of the medical records because Florida law requires that you or your attorney obtain an affidavit from a medical practioner in the relevant field that the standard of care was not met. Therefore, I strongly recommend you immediately seek counsel (perhaps Michael K. Bailey at (407) 628-2929 and his email address is [email protected]) and act quickly to avoid any statute of limitations or other deadlines which apply to your claims. The deadlines and statute of limitations are of critical significance, in that, should you fail to have instituted a law suit or taken some other statutorily approved action to toll the statute of limitations, then your claim would be forever barred.
Sincerely,
Re: Failure to Diagnose Cancer
You may have a case, however, until all the medical records are obtained and reviewed by an expert you will not know. Call me at 305-461-1095 if you want to discuss this matter further.
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