Legal Question in Medical Malpractice in Florida


a relative has been going to the same MD for a year because she has been in pain. over the year the pain had moved to different parts of her body each time she was given pain meds and told she had artheritis in her legs and back. as the year went on the pain kept moving and getting much worse. the MD was asked may times to do further testing such as MRI, catscan or something because there seemed to much pain for his diognosis. his response was ''we don't just use MRI/CAT because it's requested there has to be a need and she did not need it.he kept her on so many different pain meds but she got no relief . She had been to this MD so many times for the same thing.the last time she was in his office he gave her a shot of pain meds that sent her into convultions and she had to be transported by ambulance to the ER. Within 4 hours of being at the hospital she was diagnosed with cancer which is already stage 4 and all over her body the pain in her legs and back were from the massive tumor on her spine. when she asked the MD why did the ER find it in 4 hours and she had been seeing him for a year and he didn't know his response was that she did not have any symptoms.I don't understand how this can happen. What can be done about it

Asked on 5/25/07, 2:59 am

3 Answers from Attorneys

Steven Meyer CPLS, P.A.

Re: misdiagnosis

You may have a case against the doctor. You really need to consult with a lawyer who specializes in medical malpractice and personal injury claims. These cases are not always clear cut. An expert would have to review the doctor's notes and test results. We would be happy to discuss the case with you.

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Answered on 5/25/07, 11:34 am
Kenneth Forman Kenneth Alan Forman P.A.

Re: misdiagnosis

It appears that your relative has a valid claim for malpractice and she should meet with an attorney as soon as possible. There are numerous cases where failure to properly diagnose cancer has been held to be malpractice.

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Answered on 5/25/07, 5:44 am
Andrew Frisch Morgan & Morgan, P.A.

Re: misdiagnosis

Under these unfortunate circumstances she might have a medical malpractice case against the doctor who failed to diagnose the cancer earlier. In many instances the early diagnosis of cancer can make a dramatic difference in survival rate and that is something the doctor's negligence may have denied her.

It is important to contact an attorney as soon as possible because there are strict timelines that must be met in this situation once a proper investigation is done. Feel free to call me to discuss the situation at greater length.

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Answered on 5/25/07, 6:21 am

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