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Last Updated: December 15, 2025 Medically Reviewed by: Mohamed Yahya Al-Sawaf, M.D., MD, Board Certified Radiologist Last Medical Review: December 15, 2025 Legal Review by: Jorge L. Flores, JD, Board Certified Civil Trial Attorney Florida Bar Member 53244
Treated For A Fall But Died of Missed Cancer?
The patient went to the ER for a kidney stone or a broken rib.
The medical team in Miami or Tampa treated the acute pain and sent the patient home with a clean bill of health. Years later the patient logs into a portal like MyChart and discovers a terrifying note from that old visit which says mass detected or lung nodule found. The doctor knew about the ticking time bomb but chose to stay silent. Now the family is facing a Stage 4 diagnosis because the system failed to close the loop.
They call it an oversight but the law calls it a failure to communicate.
The Standard of Care In Florida Is Well Established
The duty to inform does not end when the patient leaves the building.
Generalist firms often accept the defense that the patient should have followed up. This firm refuses to compromise on the safety rules that protect families in Jacksonville and Orlando. The American College of Radiology Practice Parameters state that findings which are potentially adverse to health require non routine communication to ensure the treating physician acts. The law enforces these standards to ensure that a silence in Tallahassee does not become a death sentence.
A report filed in a computer is not medical care.
The Audit Trail And How They Hid It
The most common defense is that the doctor never saw the finding.
Forensic analysis of the Electronic Health Record often proves otherwise. Attorneys can obtain the Audit Trail which shows exactly who opened the radiology report and for how long. Evidence often reveals that the ER physician in Broward or West Palm Beach scrolled past the warning about a lung nodule to discharge the patient faster. The digital footprint proves that the doctor possessed the knowledge but failed to share it.
They saw the warning sign and failed to act on it.
Financial Security To Punish The Silence
The cost of a missed diagnosis is measured in lost years of life.
Attorneys fight for a verdict that covers the pain of a preventable cancer progression and the loss of a provider. Verdicts in similar cases have reached $10 million¹ for a missed bladder mass and $5.8 million² for a delayed lung cancer diagnosis. The client secures the resources to manage the medical crisis or to provide for surviving children without financial fear.
The silence is broken and the future is funded.
The Fleischner Rules And Why Size Matters
The hospital will claim the nodule was too small to mention.
Defense lawyers use this excuse to confuse the jury. Forensic experts rely on the Fleischner Society Guidelines which set strict rules for managing lung nodules. These guidelines state that even small nodules often require a follow up CT scan at 6 to 12 months. If a doctor in Fort Lauderdale ignored these global rules they violated the standard of care.
Certainty comes from enforcing the rules of medicine.
Frequently Asked Questions FAQ
Can a lawsuit succeed if I found the finding myself on MyChart? Yes. The MyChart Shock is a common trigger for litigation. If the patient discovers a note saying radiologist found mass no one followed up years after the fact the Statute of Limitations may start from the date of discovery. The failure to communicate abnormal imaging results is the core of the negligence.
What constitutes an incidental finding? An incidental finding is an abnormality found during a scan ordered for a different purpose. For example a CT scan for a car accident might show a lung tumor. If the CT scan showed something doctor never told me and it progressed to untreatable cancer this is a classic case of missed incidental finding malpractice.
What is the value of a missed radiology finding case? These cases often result in high value verdicts because the negligence is clear and the harm is catastrophic. Settlements have reached $5 million³ in federal court for failure to follow nodule guidelines. The value reflects the loss of the chance to cure the disease when it was treatable.
Partners For Victims Of The Silent Alarm
Cases where the medical record proves the doctor knew take priority.
Representation extends to families in Miami Dade, Broward, Tampa, Orlando, Jacksonville, West Palm Beach, and Tallahassee. The firm serves as a filter for the truth and accepts cases only when evidence proves the system failed the patient. Cases are accepted on a contingency basis so the client pays nothing unless the firm wins.
Stop guessing about legal rights and let the experts uncover the truth.
References
- Kline v. St. Luke’s University Health Network. $10 Million Verdict for Missed Bladder Mass.
- Estate of Lucifora v. Kroll. $5.8 Million Verdict for Missed Lung Nodule.
- Miller and Zois. $5 Million Settlement for Failure to Follow Fleischner Guidelines.
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Who created this content: This page was written by Jorge L. Flores, P.A., Florida Bar Member 53244, and was reviewed by our legal team for accuracy and compliance with current Florida law. AV Preeminent® rating since 2015.
How this page was prepared: The content was developed based on 30+ years of medical malpractice case experience in Miami-Dade County, a review of current Florida statutes, and adherence to Florida Bar advertising guidelines. Medical standards referenced were verified with board certified physicians.
Why this page exists: To provide Florida residents with accurate, accessible information about their legal rights after medical negligence, and to explain the malpractice claims process in clear, understandable terms.
Last reviewed: 12 / 15 / 2025
Disclaimer: This content is for informational purposes regarding legal rights. It does not constitute medical or legal advice. Each case is unique. Results depend on the specific facts and law applicable to your situation. No attorney client relationship is formed until a fee agreement is signed.
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