misdiagnosis-failure-to-diagnosis

One of the most common reasons for a medical malpractice suit is a misdiagnosis, failure to diagnose or a delayed diagnosis. If, as a result of the doctor’s diagnostic error, the patient does not receive proper treatment and his or her condition is made much worse or even fatal, then there is likely a viable medical malpractice case. Conversely, if a diagnostic error is made, but the patient does not suffer an injury as a result, there is likely not enough evidence to pursue a medical malpractice suit.

How Do You Know If a Misdiagnosis has Been Made?

In order for a plaintiff to prove that a doctor made a mistake in diagnosing an illness, the plaintiff needs to prove that the doctor provided a level of care that was less than what a similarly-trained doctor would provide under the same or similar circumstances.

Who Can Be Sued in a Misdiagnosis Lawsuit?

Usually the primary physician, the one responsible for making the misdiagnosis, is the party that can be sued for negligence. In select cases, other professionals who also saw the patient, specialists for example, could be considered liable for negligence, including radiologists, gastroenterologists, gynecologists, surgeons and even pathologists.

What are Common Diseases Associated with Misdiagnosis?

While misdiagnosis, delayed diagnosis or failure to diagnose is certainly not limited to these specific health concerns, there are some diseases and illnesses where misdiagnosis is more common. These include:

  • Heart attack
  • Cancer
  • Pulmonary embolism
  • Stroke
  • Asthma
  • Lymph node inflammation
  • Meningitis
  • Staph infection

What is the Statute of Limitations for a Misdiagnosis Case in Maryland?

The statute of limitations for misdiagnosis, or the deadline set by the state for filing the initial complaint, is the same as all medical malpractice cases: three years from the discovery of misdiagnosis, but no more than five years from the actual negligent act. Cases involving cancer misdiagnosis may have a longer statute of limitations, as do cases involving minors.

Let the Attorneys and Medical Investigators at Schochor, Federico and Staton Help You

Schochor, Federico and Staton focuses its practice on representing those harmed as a result of medical malpractice, including injuries and trauma caused by the misdiagnosis or failure to diagnose a condition. Since our firm has been exclusively handling medical malpractice cases since our founding in 1984, we have a thorough understanding of how to build strong lawsuits to help plaintiffs pursue the maximum compensation possible when health care providers fail to diagnose or misdiagnose cancer. We have filed more medical negligence cases than any other law firm in Maryland and have won over $1 billion in settlements and verdicts.

Contact us online or call us today at 410-234-1000 to speak with one of our attorneys about your case. You pay nothing unless we make a recovery on your behalf.