Medical Malpractice Affidavit Expert
Budget: $2,000 – $6,000 USD
I am seeking a board-certified physician to perform an independent review of a potential Florida medical malpractice matter and determine whether there appears to be evidence of medical negligence sufficient to support a good-faith Notice of Intent pursuant to Florida Chapter 766.
The patient is a 70-year-old former smoker who experienced recurrent respiratory symptoms, abnormal chest imaging findings, and multiple pulmonary and hospital encounters over approximately 15 months before being diagnosed with poorly differentiated squamous cell carcinoma following complete collapse of the left lung in May 2024.
The central question is whether opportunities existed for earlier diagnosis and intervention before complete left lung collapse and cancer diagnosis.
Relevant facts include:
• Recurrent left-sided pulmonary abnormalities beginning in 2023, including infiltrates, atelectatic changes, pleural abnormalities, and other persistent or recurring radiographic findings.
• Multiple emergency department visits, hospital admissions, pulmonary evaluations, and imaging studies prior to diagnosis.
• A January 2023 pulmonology note indicating that the patient did not carry a COPD diagnosis and that pulmonary function testing was planned. To our knowledge, pulmonary function testing was not completed prior to diagnosis.
• Persistent respiratory complaints and recurring imaging abnormalities that were repeatedly treated as infection, pneumonia, COPD, or other benign pulmonary conditions.
• Infectious disease documentation in 2023 noting pulmonary findings that included infiltrative and cavitary abnormalities.
• Documentation suggesting bronchoscopy was discussed or recommended during an April 2024 hospitalization, but bronchoscopy was not performed until after complete collapse of the left lung in May 2024.
• On May 2, 2024, imaging demonstrated complete collapse of the left lung due to an obstructing lesion involving the left mainstem bronchus. Subsequent bronchoscopy and biopsy confirmed poorly differentiated squamous cell carcinoma.
Potential areas for review include:
• Pulmonology evaluation and follow-up
• Management of recurrent respiratory symptoms
• Follow-up of abnormal imaging findings
• Timing and appropriateness of bronchoscopy and diagnostic workup
• Whether earlier diagnosis was reasonably achievable
• Whether there appears to be evidence of medical negligence contributing to a delayed diagnosis
The entities involved include a Florida hospital system and an independent pulmonary practice. Questions have also been raised regarding radiology interpretation and follow-up of imaging findings.
The matter has already been presented to the hospital's claims administrator and remains under active review. We have been advised that multiple expert reviews have been obtained by the hospital, including a radiology review that was still pending as of our most recent discussion. Recent communications have focused on potential responsibility among the hospital, pulmonology providers, and radiology providers.
At this stage, I am not seeking an opinion regarding the ultimate outcome of litigation. Rather, I am seeking an independent review to determine whether the available records support a good-faith basis for proceeding under Florida's presuit requirements.
Medical records, imaging reports, pathology, hospital records, pulmonology records, and a detailed chronology are available for review.
Please advise:
• Whether this matter falls within your area of expertise.
• Whether you perform Florida Chapter 766 presuit reviews.
• Whether you are willing to work directly with an unrepresented claimant.
• Your fee schedule and estimated turnaround time.
• Whether, if appropriate, you would be willing to provide the written opinion required to support a Florida Notice of Intent.
The patient is a 70-year-old former smoker who experienced recurrent respiratory symptoms, abnormal chest imaging findings, and multiple pulmonary and hospital encounters over approximately 15 months before being diagnosed with poorly differentiated squamous cell carcinoma following complete collapse of the left lung in May 2024.
The central question is whether opportunities existed for earlier diagnosis and intervention before complete left lung collapse and cancer diagnosis.
Relevant facts include:
• Recurrent left-sided pulmonary abnormalities beginning in 2023, including infiltrates, atelectatic changes, pleural abnormalities, and other persistent or recurring radiographic findings.
• Multiple emergency department visits, hospital admissions, pulmonary evaluations, and imaging studies prior to diagnosis.
• A January 2023 pulmonology note indicating that the patient did not carry a COPD diagnosis and that pulmonary function testing was planned. To our knowledge, pulmonary function testing was not completed prior to diagnosis.
• Persistent respiratory complaints and recurring imaging abnormalities that were repeatedly treated as infection, pneumonia, COPD, or other benign pulmonary conditions.
• Infectious disease documentation in 2023 noting pulmonary findings that included infiltrative and cavitary abnormalities.
• Documentation suggesting bronchoscopy was discussed or recommended during an April 2024 hospitalization, but bronchoscopy was not performed until after complete collapse of the left lung in May 2024.
• On May 2, 2024, imaging demonstrated complete collapse of the left lung due to an obstructing lesion involving the left mainstem bronchus. Subsequent bronchoscopy and biopsy confirmed poorly differentiated squamous cell carcinoma.
Potential areas for review include:
• Pulmonology evaluation and follow-up
• Management of recurrent respiratory symptoms
• Follow-up of abnormal imaging findings
• Timing and appropriateness of bronchoscopy and diagnostic workup
• Whether earlier diagnosis was reasonably achievable
• Whether there appears to be evidence of medical negligence contributing to a delayed diagnosis
The entities involved include a Florida hospital system and an independent pulmonary practice. Questions have also been raised regarding radiology interpretation and follow-up of imaging findings.
The matter has already been presented to the hospital's claims administrator and remains under active review. We have been advised that multiple expert reviews have been obtained by the hospital, including a radiology review that was still pending as of our most recent discussion. Recent communications have focused on potential responsibility among the hospital, pulmonology providers, and radiology providers.
At this stage, I am not seeking an opinion regarding the ultimate outcome of litigation. Rather, I am seeking an independent review to determine whether the available records support a good-faith basis for proceeding under Florida's presuit requirements.
Medical records, imaging reports, pathology, hospital records, pulmonology records, and a detailed chronology are available for review.
Please advise:
• Whether this matter falls within your area of expertise.
• Whether you perform Florida Chapter 766 presuit reviews.
• Whether you are willing to work directly with an unrepresented claimant.
• Your fee schedule and estimated turnaround time.
• Whether, if appropriate, you would be willing to provide the written opinion required to support a Florida Notice of Intent.