“I had a mammogram six months ago and they said it was normal.” In an interview published by Florida Trend on October 10, 2026, the medical director of hematology-oncology at Broward Health Medical Center described a breast cancer subtype — invasive lobular carcinoma — that is rising about 3% a year, is harder to see on imaging than other cancers, and is often not caught until it is large. Sometimes the signs were there and were missed, misread, or never followed up. Florida law treats those situations very differently — and knowing which one you are in starts with the records.

A Missed or Late Diagnosis Is Not Always Negligence

Some conditions are genuinely difficult to diagnose, and medicine is not held to a standard of perfection. A Florida misdiagnosis claim requires proof that a provider’s care fell below the prevailing professional standard of care — what a reasonably careful provider in the same field would have done with the same symptoms, test results, and imaging — and that the failure caused harm. A lump that was documented but never biopsied, or a test result that was filed away and never communicated, is a different matter.

The Three Questions Every Misdiagnosis Case Must Answer

First, what should have happened? Experts compare the actual care against the standard: Were the right tests ordered for the symptoms reported? Was the imaging read correctly? Was an abnormal result followed up, and was the patient told?

Second, would an earlier diagnosis have changed the outcome? This is often the heart of a delayed-diagnosis case. The legal question is what difference timely care would probably have made: an earlier stage at diagnosis, less aggressive treatment, or a better chance of recovery.

Third, who missed it? Responsibility can sit with more than one provider: a primary care doctor who did not order or follow up on a test, a radiologist who misread imaging, a laboratory whose result was never relayed, or a specialist referral that was recommended but never completed. Identifying every point where the chain broke requires the full timeline, not just the final diagnosis.

Follow the Paper Trail: Tests, Referrals, and “Normal” Letters

Misdiagnosis cases are built from documents. Request the complete record: office notes showing the symptoms you reported and when, the actual imaging studies and the radiologist’s reports (not just a summary letter saying results were normal), laboratory and pathology reports, referral orders, and any messages about follow-up. Then build your own timeline: when symptoms started, what you reported at each visit, what you were told, and when the correct diagnosis was finally made. Gaps between those dates are frequently where these cases are decided.

Florida Deadlines and the Pre-Suit Process

Medical malpractice claims in Florida, including misdiagnosis claims, generally must be brought within two years of when the injury was discovered — or should have been discovered — and ordinarily no later than four years after the care at issue. These deadlines are strictly applied, and a delayed diagnosis can make the dates complicated, which is one reason not to wait.

Before a lawsuit can be filed, Florida’s Chapter 766 pre-suit process requires a verified written opinion from a qualified medical expert stating there are reasonable grounds to believe the care was negligent, followed by a Notice of Intent and a 90-day investigation period.

How Fault Works in a Medical Malpractice Case

Providers sometimes argue the patient shares blame — for example, for delaying a follow-up appointment. Medical malpractice is the exception to Florida’s general modified comparative negligence rule: malpractice claims still follow pure comparative negligence under Chapter 766, meaning compensation is reduced by the patient’s percentage of fault but is not barred at a fixed percentage the way other negligence claims are. A patient’s own delay therefore does not automatically end a malpractice claim — though it can reduce it, which is another reason to act promptly once a misdiagnosis comes to light.

What to Do If You Suspect a Misdiagnosis

Get the care you need first — a second opinion and correct treatment come before any legal question. Then request your complete records in writing, write your timeline while dates are fresh, keep every “normal results” letter and portal message, and have the records reviewed promptly.

If you or a family member was harmed by a missed or delayed diagnosis in South Florida, Tacher Law can review the records and explain how Florida law applies to your situation. Call us at +1 (305) 644-2211 for a free consultation, or reach us through our contact page.

Tacher Law, 16445 Collins Avenue, Suite 1625, Sunny Isles Beach, FL 33160. Phone: +1 (305) 644-2211. Free consultation.