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Florida medical malpractice lawyer discusses the failure to diagnosis cancer case

Posted by Guy DiMartino | Jan 14, 2013 | 0 Comments

Florida medical malpractice lawyer, Guy S.  DiMartino, DC, JD, discusses the failure to diagnose cancer medical malpractice case at

The failure to timely diagnose a medical condition medical malpractice case is more common than you would think.  We see a lot of these cases in regards to cancer.  The typical scenario goes something like this:  A 40 year old woman is in the shower doing her monthly breast exam and notices a lump in her breast.  She goes to her family doctor or Ob/Gyn for an exam.  The doctor examines the area  and finds a lump that is hard, non-painful and non-moveable.  These types of findings are more consistent with a cancer than a benign lesion so she orders some diagnostic testing.

Where the Malpractice Begins

As a general rule we see two problems that cause a delay in cancer diagnosis medical malpractice cases:  Breakdown in communication : In these cases the doctor orders the right tests and the problem occurs when the specialist or hospital fails to relay the results to the ordering physician.  Also, we have seen cases where the results are sent to ordering doctor and they are just put in the patient's file without notification or consultation with the doctor about the results.

Malpractice in the reading of the diagnostic test(s): In these cases we see a problem with the specialist who is called on to interpret the tests.  For instance, a mammogram is read as normal by a radiologist or a biopsy is read as normal by the reviewing pathologist.  The ordering physician relies on these results and tells the patient that everything is okay.

The Outcome

Many times the patient will go on with life thinking that everything is okay and then something will bring them back to the doctor whether it be increased symptoms or an increase in the size of the lump using the above example.  In the breakdown in communication case the doctor will review the file and either see that the report is not in the file or will see the abnormal report in the file.  In the misread case, another study will be performed and interpreted correctly.  The doctor(s) will then review the previous study and see the condition on the study.

Timely Diagnosis increases the chances of a good outcome

The thing with most cancers is that the earlier the condition is diagnosed and treated the better the outcome.  A delay in 6 months or a year can mean the difference between life and death.

If you have a questions about a failure to timely diagnose cancer medical malpractice case in Florida, give me a call at (352) 267-9168 or fill out the Internet consultation form on the right side of the screen.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+


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