Cervical cancer is a serious medical condition affecting the cervix and if left untreated can cause serious complications and even death. However, modern screening tests such as the Pap test and HPV screening are incredibly effective at detecting abnormal cervical cells and early stage cancerous cells.
Cervical cancer is often easily treated in its early stages, and many cases of cervical cancer are entirely preventable if a physician or laboratory follows proper screening and treatment protocols. If you or a loved one developed cervical cancer, it is important to explore whether your cervical cancer is the result of medical negligence.
A Palm Beach Gardens cervical cancer litigation lawyer can help review your case to determine if a doctor’s negligence caused your cervical cancer. Work with a qualified cervical cancer attorney that could help you work towards the best possible outcome.
Palm Beach Gardens Laws Regarding Medical Negligence
If a physician or laboratory fails to detect, diagnose, or treat cervical cancer it can be devastating to women and their families and may constitute medical malpractice. Florida Statute Section 766.102(1) establishes that a woman or her family may have a cause of action against a physician or laboratory if there is medical negligence.
Florida’s medical malpractice laws are grounded in tort theory, which requires a person to prove that their doctor breached the professional standard of care and as a result they suffered an injury. Fla. Stat 766.202(4).
However, cervical cancer litigation is different than other injury cases and there are numerous requirements and procedures a person must follow while litigating a case.
Filing a Cervical Cancer Case
Palm Beach Garden’s laws require that someone must engage in a substantial investigation before filing a case for cervical cancer. An investigation means that an attorney has reviewed the case against each and every potential defendant and has consulted with a medical expert and has obtained a written opinion from said expert(Fla. Stat. Sec. 766.202(5)).
Furthermore, Florida Statute Section 766.104 requires that a lawyer review all of the facts and circumstances of a case to determine if there is a good faith basis for filing a claim. If there is not a good faith basis for filing an action, the court may dismiss a case and order a lawyer to pay for the defendant physician’s counsel fees and taxable costs. A Palm Beach Gardens cervical cancer litigation lawyer could help individuals file their case.
Filing a Notice Before Filing Medical Malpractice Case
After a lawyer completes a thorough pre-suit investigation, they must notify all prospective defendants of their intent to file a medical malpractice claim. This notice must contain a list of all known health care providers seen by the claimant for the injuries complained of after the alleged act of negligence. It must also contain all known health care providers during the two-year period prior to the alleged act of negligence who treated or evaluated the claimant, copies of all of the medical records relied upon by the expert in signing the affidavit, and an executed authorization form.
Litigating a Cervical Cancer Case
Winning a cervical cancer litigation case requires that a person prove that a doctor breached the professional standard of care and that as a result, a person suffered an injury. Fla. Stat. 766.102. This may include proving:
- A doctor failed to conduct proper cervical cancer screening
- A doctor failed to follow up on abnormal test results
- A doctor failed to identify symptoms of cervical cancer
- That a doctor failed to properly treat cervical cancer
- A laboratory misread a pap smear test
Consulting a Palm Beach Gardens Cervical Cancer Litigation Attorney
Cervical cancer is a serious medical condition that can cause serious injuries and even result in death. A Palm Beach Gardens cervical cancer litigation lawyer can help determine if you are the victim of medical malpractice and, if so, can help you recover compensation for your injuries and losses including your medical expenses and pain and suffering.
An experienced attorney can speak to you and help you understand your legal options. Contact a cervical cancer litigation attorney today to discuss your case.