A cancer diagnosis is always devastating, but it’s even worse to learn that it could have been caught sooner. When doctors fail to recognize potential cancer symptoms or order appropriate tests, the consequences for patients can be deadly. Prompt diagnosis often means a better prognosis, more effective treatment options, and a chance to plan for the future. If you or someone you love suffered harm due to a physician's failure to diagnose cancer, you may wonder about your legal options.
It’s no simple matter to pursue a medical malpractice claim for a delayed cancer diagnosis. While a missed diagnosis alone is not proof of negligence, if a reasonably competent doctor would have done more under the same circumstances, there may be grounds for legal action.
The experienced Maryland malpractice attorneys at Meyers, Rodbell & Rosenbaum can carefully assess your case, explain the challenges you may face, and craft a strategy tailored to your unique situation. Learn what it takes to bring a successful failure to diagnose cancer lawsuit in Maryland and how an experienced malpractice lawyer can help your family secure justice.
Proving a Cancer Misdiagnosis
Not every cancer misdiagnosis case will give rise to a viable malpractice claim. Maryland law sets specific criteria a plaintiff must prove to hold a doctor legally responsible for a delayed or missed cancer diagnosis:
- Duty of care existed. You must show that a doctor-patient relationship existed during the alleged malpractice. This means the doctor had a professional duty to provide you with competent care.
- Breach of duty occurred. You must demonstrate the doctor failed to meet the accepted standard of care when treating you. Under the same circumstances, would a similarly trained physician have ordered additional testing or referred you to a specialist? If so, this may be a breach of duty.
- Breach caused harm. You must have evidence the doctor's negligence—not just the underlying cancer—caused you actual harm. Typically, this means showing the delay in diagnosis allowed the cancer to progress and worsened your outcome.
- Specific damages resulted. You must prove you suffered particular damages, such as additional medical expenses, lost income, pain and suffering, or a reduced chance of survival due to the doctor's negligence.
Time Limits for Filing a Cancer Misdiagnosis Lawsuit
Like all medical malpractice claims in Maryland, failure to diagnose cancer cases must be filed within strict time limits. Generally, you have five years from the date of the alleged malpractice or three years from when you discovered the negligence, whichever comes first, to bring a claim.
However, the deadline may be extended if you prove that the doctor engaged in fraud or intentionally concealed the negligence. An experienced Maryland malpractice attorney can help file your claim promptly and correctly.
How a Maryland Malpractice Attorney Can Help
Cancer misdiagnosis cases typically require extensive medical records analysis and expert witness coordination. An experienced Maryland malpractice attorney can help you with these claims by:
- Conducting a thorough investigation to uncover evidence of negligence
- Consulting with respected oncology experts to establish causation
- Calculating the full extent of your economic and non-economic damages
- Negotiating aggressively with defense lawyers and insurance companies
- Presenting a compelling case to a judge and jury, if needed
The Maryland malpractice attorneys at Meyers, Rodbell & Rosenbaum are here to help you explore your legal rights. We know that no settlement or court victory can undo the devastation of a missed cancer diagnosis. However, a successful malpractice claim can provide a sense of justice and much-needed financial relief.