Earlier this month, a Florida appellate court issued a written opinion in a Florida medical malpractice case that required the court to determine if the plaintiff’s case was timely under the applicable statute of limitations. Ultimately, the court concluded that the plaintiff’s case was properly filed within the applicable statute of limitations, and a lower court’s finding to the contrary was reversed. As a result, the plaintiff’s case will be permitted to proceed toward trial or settlement negotiations.
The plaintiff was a patient of the defendant radiologist. In 2008, the plaintiff underwent a mammogram, and the defendant interpreted the results. Despite finding a nodule that he knew at the time was likely to be cancerous, the defendant did not inform the plaintiff or her primary care doctor.
Later that year, the defendant’s office called the plaintiff, requesting she come in for a follow-up. Again, no mention was made of the nodule and the possibility that it was cancerous. It was not until 2010, following a subsequent mammogram, that the plaintiff realized she had breast cancer. By that time, the cancer had metastasized and spread to her bones. The plaintiff’s breast cancer was successfully treated with chemotherapy, but the metastatic cancer in her bones continued to progress.