Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

Can electronic record errors impact cancer diagnosis liability?

On Behalf of | Oct 8, 2024 | Failure to Diagnose |

Electronic medical records (EMRs) are meant to streamline healthcare, but errors or mismanagement of these records can result in devastating consequences, including delayed cancer diagnoses. 

Medical professionals and healthcare providers may face liability for these delays when they result from improper handling of EMRs.

Proving negligence in delayed diagnoses

In Florida, a patient must prove negligence to hold healthcare providers liable for a delayed diagnosis. This includes showing that the provider failed to follow accepted standards of care. If the delay in diagnosis was due to miscommunication or errors in EMRs, such as missing information or failure to update records, this can form the basis of a malpractice claim.

The role of EMR errors in cancer diagnosis delays

Florida law acknowledges that delays caused by faulty or improperly maintained EMRs may amount to malpractice. For instance, if a doctor fails to notice a critical test result because it was not properly entered into the system, and this leads to a delayed cancer diagnosis, the healthcare provider may be held responsible. Patients can seek compensation for the worsening of their condition due to the delay.

Statute of limitations for medical malpractice

Florida’s statute of limitations for medical malpractice claims, including those involving delayed diagnoses, is generally two years from when the patient discovers, or should have discovered, the error. However, individuals must act quickly, as certain circumstances may shorten this window.

Florida’s laws offer a path to justice for patients harmed by delayed cancer diagnoses linked to electronic record errors.

 

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