An Individual’s Legal Rights After a Delayed Medical Diagnosis in Maryland
Individuals in Maryland who suffer injuries or are harmed due to a delayed diagnosis have legal rights. Below, our Laurel medical malpractice lawyer provides answers to some common questions and concerns related to delayed medical diagnoses.
What Constitutes a Delayed Diagnosis?
A delayed diagnosis occurs when a healthcare provider fails to identify a medical condition promptly, leading to a delay in treatment. This can happen for several reasons, including:
- Failure to order necessary diagnostic tests: A physician fails to order blood work, imaging scans, a Pap smear, or other tests needed to diagnose his or her patient.
- Misinterpretation of test results: Even if a test is carried out, doctors might get the results wrong and miss critical warning signs of the condition.
- Failure to follow up: The physician might not follow up with the patient after initiating treatment or might not ensure that new symptoms are assessed to address the core problem.
Not diagnosing a condition (or misdiagnosing a condition) in time can worsen the condition over time– leading to more serious health problems, a more severe injury, or ultimately a worse chance of survival.
At What Point Does a Delayed Diagnosis Become Medical Malpractice?
In Maryland, certain legal standards must be met to establish that a delayed diagnosis amounts to medical malpractice. The following elements must be met to establish that a delayed diagnosis is medical malpractice:
- Breach of Duty of Care: Under Maryland law, healthcare practitioners must conform to the standard of care that a reasonably competent provider would have provided under similar circumstances.
- Breach of the Standard of Care: The professional breached the standard of care, including failing to order the proper tests, misinterpreting test results, or taking the patient’s symptoms seriously.
- Causation: The delay in diagnosis harmed the patient. This is often the most difficult part of a medical malpractice claim. But, it has to be shown that if the diagnosis had been made sooner, the outcome would have been different (i.e., the disease would have been treated more successfully, or the patient’s outlook would have been better).
- Damages: This may include quantifiable damages, such as medical care expenses, income loss, pain and suffering, or loss of quality of life that the patient has suffered due to the delayed diagnosis.
If these elements are established, the late diagnosis could be actionable medical malpractice, and the patient could be compensated.
Legal Rights and Remedies for Delayed Diagnosis in Maryland
Patients who suffer from a delayed diagnosis in Maryland have several legal rights, including the right to seek compensation for their injuries. Here is what you need to know about your legal rights and how you can pursue a medical malpractice claim.
Filing a Medical Malpractice Claim
Patients in Maryland who believe they have been harmed by a physician’s failure to accurately diagnose their condition promptly can pursue a medical malpractice case. In order to do so, however, they need to fulfill specific procedural requirements.
Certificate of Merit
Under Maryland law, a medical malpractice plaintiff must file a certificate of merit from a qualified medical expert clearly stating that: (1) the standard of care of the healthcare provider has been breached and (2) the injury or death suffered by the patient was caused in whole or in part by the failure to exercise that standard of care.
A Note About the Statute of Limitations
The statute of limitations for medical malpractice cases is generally the earlier of five years from the date of the injury or three years from the date the injury was discovered (or should have been discovered). It’s important to consult with a skilled Laurel medical malpractice lawyer to ensure the claim is filed within the legal timeframe, as failing to do so may result in the case being dismissed.
Damages Cap
State law caps non-economic damages, which are given for pain and suffering, in medical malpractice cases. As of 2024, the cap on a case involving a single plaintiff is $890,000, increasing by $15,000 each year. However, economic damages – such as expenses related to medical care and lost income – are not capped.
Expert Testimony in Delayed Diagnosis Cases
Expert testimony plays a critical role in delayed diagnosis claims. A qualified medical expert must evaluate the case and provide an opinion on whether the healthcare provider failed to meet the standard of care. This testimony is essential to establish that the delay in diagnosis directly caused harm to the patient. Without expert testimony, it is unlikely that the case will succeed.
Let Our Laurel Medical Malpractice Lawyer Help
If you or a family member have been harmed as a result of a delayed medical diagnosis, you are encouraged to consult with a medical malpractice attorney who has experience in handling such claims. Contact our office to discuss your options.