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When “Growing Pains” Turn Out to Be Deadly
Your child complained of leg pain that woke them up at night. You took them to the pediatrician or an urgent care clinic, where you were likely told it was “just growing pains” or a minor sports injury. You trusted the doctor, rested the injury, and waited. But the pain didn’t stop. Months later, a scan finally revealed the devastating truth: Ewing Sarcoma, an aggressive bone cancer.
At Jorge L. Flores, P.A., we understand the heartbreak of a child bone cancer late diagnosis. Ewing Sarcoma is highly treatable when caught early, with cure rates approaching 70-80% for localized disease. But when doctors dismiss persistent pain without imaging, the cancer spreads. If your child’s diagnosis was delayed because a doctor failed to order an X-ray or MRI, you need a delayed bone cancer diagnosis lawyer Miami families trust to investigate.
We serve families in Miami-Dade, Broward, and throughout Florida who are fighting for their child’s future.
The Medical Standard: Night Pain Is a Red Flag
Children get bumps and bruises, but specific symptoms require immediate investigation. The standard of care requires pediatricians to rule out malignancy when symptoms persist or present in specific ways.
The “Standard of Care” Checklist: If your doctor dismissed these signs without imaging, they may have been negligent:
- Night Pain: Nighttime pain that wakes a child is concerning and, in some cases, may indicate a serious condition such as bone cancer. It is often not typical of growing pains or sports injuries. Dismissal of night pain in a pediatric patient is a frequent cause of malpractice claims.
- Guideline Adherence: Physicians are expected to follow established protocols, such as the NCCN pediatric bone tumor guidelines, which recommend specific imaging pathways for persistent bone pain. Failure to follow these steps can lead to a missed diagnosis.
- Persistent Symptoms: A sports injury should improve with rest. If a child has a sports injury not healing after 3 months, the standard of care generally mandates imaging (X-ray or MRI) to rule out other causes.
- Visible Mass: A lump on the leg ignored by a pediatrician is a critical error. Soft tissue masses must be evaluated with an MRI, as X-rays can miss soft tissue sarcomas.
The Injury Mechanism: “Loss of Chance”
Ewing Sarcoma grows rapidly. The difference between a diagnosis today and one three months from now can be the difference between life and death.
- The Window: When localized (in one bone), survival rates are high.
- The Spread: Once the cancer metastasizes (usually to the lungs), the 5-year survival rate drops to less than 30%.
- The Legal Argument: We use the “Loss of Chance” doctrine. We argue that the failure to X-ray persistent bone pain or the failure to refer to orthopedic oncology deprived your child of a substantial chance of a cure.
Proving Malpractice Under Florida Law
We investigate the medical records to find the specific point where the diagnosis was missed.
1. The Breach: Misread X-Rays or Failure to Test
We look for two common errors:
- Failure to Order Tests: Did the doctor refuse to order an MRI despite months of complaints?
- Radiology Errors: Did an X-ray show the subtle “onion skin” periosteal reaction (a hallmark of Ewing Sarcoma) that the radiologist missed or dismissed as benign? A negligent interpretation of musculoskeletal X-ray is a powerful basis for a claim.
2. The Expert: Affidavit of Merit
Florida law mandates a presuit investigation. We consult with independent Pediatric Oncologists and Radiologists. A lawsuit is only filed if an expert confirms that the symptoms warranted testing that was not performed.
3. Causation: Validating the Delay
We must prove that the delay caused the cancer to progress from a treatable stage to a more dangerous one. Research from VUMC sarcoma malpractice studies confirms that delayed diagnosis is a primary driver of litigation and high verdicts.
Securing Resources for Your Child
Treating advanced Ewing Sarcoma requires aggressive chemotherapy, radiation, and often limb-salvage surgery or amputation. A pediatric cancer malpractice attorney fights for compensation to cover:
- Medical Costs: For surgeries, prosthetics, and long term oncology care.
- Pain and Suffering: For the physical agony of the disease and the emotional trauma of the delay.
- Loss of Potential: If the child suffers permanent disability or loss of life.
- Wrongful Death: If the delay led to a wrongful death child bone cancer lawsuit, we fight to secure justice for the family’s loss.
FAQ: Ewing Sarcoma & Legal Rights
Q: My doctor said it was Osgood Schlatter disease. Can I sue? A: Misdiagnosis happens, but doctors must rule out cancer when symptoms don’t fit the benign diagnosis. If your child had misdiagnosed Osgood Schlatter (knee pain) but had atypical symptoms like night pain or a mass above the knee, and the doctor failed to image it, you may have a case.
Q: How much is a delayed diagnosis case worth? A: These are high stakes cases. When evaluating an Ewing Sarcoma malpractice settlement value Florida courts and juries often consider the young age of the victim and the severity of the loss. Settlements often reach into the millions, reflecting the cost of lifelong care or the tragedy of a shortened life.
Q: Is there a deadline to file in Florida? A: Yes. Florida has a strict 2-year Statute of Limitations from the time you knew or should have known of the misdiagnosis. For children, the Statute of Repose (the hard deadline) can be extended in specific circumstances (up to age 8), but generally, you must act quickly. Immediate legal consultation is critical.
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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 Kendall 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 / 9 / 2025
Disclaimer: Past results do not guarantee a similar outcome. The information on this page is for general informational purposes only and does not constitute legal advice. Each case is unique and must be evaluated on its own merits.
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