Did you know that a diagnosis can be missed even when the test was done correctly — because the result sat in a chart and no one told the patient? On November 3, 2026, Law.com reported that a doctor agreed to a $7.5 million settlement of a medical malpractice suit alleging he failed to notify a patient whose CAT scan showed lung cancer. According to the report, the mass was listed as an “incidental finding,” and the patient’s lawyer said the doctor acknowledged not reading the entire report, including the portion describing the mass on its first page. A settlement is not a court finding, and that case arose outside Florida. It still illustrates a pattern Florida patients should understand: sometimes the failure is not the scan. It is the follow-up.

An Incidental Finding Is Still a Finding

Tests ordered for one reason often reveal something else. A scan of the abdomen may note a spot on a lung. Those extra results are called incidental findings, but “incidental” describes how they were discovered — not their importance. A finding can require a repeat scan, a referral, a biopsy, or a documented plan to watch it. The danger comes when everyone assumes someone else is handling it: the radiologist assumes the ordering clinician will act, that clinician never reads the full report, and the patient hears only that the original test was “fine” — while a serious second problem goes unmentioned.

Closed-Loop Communication: Where Follow-Up Breaks Down

Patient-safety experts use “closed loop” for a complete result process: the test is ordered, the result is received, a clinician reads the whole report, the patient is told, the next step is scheduled, and someone confirms it happened. A missed-follow-up claim usually points to a specific break in that loop. The report may have been filed after only the summary was read. A result may have arrived after discharge, when no clinician clearly owned it. A referral may have been placed but never completed, with no tracking. Each version raises a different question about who had the duty to act — which is why the full report matters so much.

What Florida Law Requires You to Prove

A lost result alone does not prove malpractice. Under Florida Statute § 766.102, you must prove the provider breached the prevailing professional standard of care — what a reasonably prudent similar provider would have done under similar circumstances — and that the breach caused harm. In a missed follow-up case, a qualified expert will usually address what a careful clinician would have done with that finding, and whether acting then would more likely than not have changed the outcome — for example, by finding a condition at a treatable stage. Chapter 766 also requires a pre-suit investigation with a verified written expert opinion, followed by a 90-day notice period, before a malpractice lawsuit can be filed.

Fault and Deadlines in Medical Malpractice Are Different

Medical malpractice is the exception to Florida’s usual fault rule. Most Florida negligence claims follow modified comparative negligence, under which a person more than 50% at fault recovers nothing. Medical malpractice claims, however, still follow pure comparative negligence under Chapter 766: fault is allocated by percentage, and recovery is reduced by the claimant’s share rather than automatically barred at 51%. The defense may argue a patient ignored clear follow-up instructions — that can reduce a claim under these rules, but it is not an automatic bar. Timing is strict: Florida generally requires a malpractice suit within two years from when the injury was discovered, or should have been discovered, with a four-year outer limit from the incident, subject to limited exceptions.

What to Do If a Result Reached You Late

Ask for the complete report, including every page and any addenda, and check the findings and recommendations sections, not only the conclusion. Save portal messages, letters, and appointment notices, and write down when you were first told and by whom. Ask directly: was a referral or repeat test recommended, was it scheduled, and who was responsible for tracking it? Do not delay your medical care while those questions are answered — get the recommended follow-up or a second opinion promptly, then have the records reviewed so Florida’s pre-suit steps can be completed inside the deadline.

Tacher Law helps patients and families across Miami-Dade, Broward, and South Florida evaluate medical malpractice and misdiagnosis claims, including cases involving missed or delayed follow-up on test results. If an abnormal result reached you late, or never reached you at all, you can request a free consultation to review what happened. Call Tacher Law at +1 (305) 644-2211. No lawyer can guarantee an outcome — but a prompt, careful review can protect the claims Florida law gives you.

Tacher Law, 16445 Collins Avenue, Suite 1625, Sunny Isles Beach, FL 33160