Misdiagnosis & Failure to Diagnose Attorneys Help Fight for Your Rights in Baltimore,Maryland


One of the most common reasons for a medical malpractice suit is a misdiagnosis, failure to diagnose or a delayed diagnosis. You may have a viable claim if a doctor’s diagnostic error caused your condition to worsen or if you did not receive proper treatment. 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?

Commonly misdiagnosed diseases and conditions include, but are not limited to:

  • 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?

In Maryland, you have three years from the discovery of misdiagnosis, but no more than five years from the initial negligence, to file a medical malpractice claim. Cases involving cancer misdiagnosis may have a longer statute of limitations, as do cases involving minors.

In this clear case of misdiagnosis, Jim Cardea, Partner at Schochor, Federico and Staton, discusses a case about a young woman who awoke after a New Year’s Eve party with extreme pain in her left calf. After a trip to the emergency room, she was misdiagnosed with a condition called Floppy Foot Syndrome. However, she ultimately was diagnosed with compartment syndrome, which is a very serious condition that can lead to tissue death. This is another case of misdiagnosis and delayed treatment, which, unfortunately for this woman, led to permanent mobility loss in her foot. Click here to listen to the details of this case of misdiagnosis.

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 exclusively handles medical malpractice cases, we thoroughly understand how to build strong lawsuits and help plaintiffs pursue full and fair compensation. Our track record speaks for itself—we have won more than $1 billion in settlements and verdicts since our founding in 1984. Our attorneys give lectures on medical malpractice to local and national audiences, helping to strengthen professionals’ knowledge of legal procedures.

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.

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