Maryland Medical Misdiagnosis Lawyers Medical Misdiagnosis in Maryland

You trust your doctor to properly diagnose your condition and provide appropriate treatment. But what happens when they get it wrong? A misdiagnosis can delay necessary care, lead to unnecessary procedures, and exacerbate your condition. In some cases, it may even be fatal.

At Meyers, Rodbell & Rosenbaum, our Maryland medical malpractice lawyers understand the devastating impact of a medical misdiagnosis. We help patients and families understand their legal rights and pursue compensation when a healthcare provider's negligence causes harm.

The Difference Between Misdiagnosis and Delayed Diagnosis

A misdiagnosis occurs when a doctor diagnoses you with the wrong condition. For example, if you have lung cancer but your doctor says you have pneumonia, that's a misdiagnosis.

In contrast, a delayed diagnosis is when your doctor eventually reaches the correct diagnosis, but it takes longer than it reasonably should have. Using the same example, if your doctor initially thinks your symptoms are pneumonia but later determines you have lung cancer, that's a delayed diagnosis.

Both misdiagnosis and delayed diagnosis can constitute medical malpractice if they involve negligence and cause harm to the patient. The key is determining whether the error rose to the level of negligence.

When Misdiagnosis Becomes Medical Malpractice

Not every diagnostic error is considered medical malpractice. To prove malpractice, you must show the following:

  • The doctor owed you a duty of care. This duty arises when a doctor-patient relationship is established.

  • The doctor breached that duty by failing to provide care that meets accepted medical standards. In misdiagnosis cases, this means showing that a reasonably competent doctor in the same specialty would not have made the same error under the circumstances.

  • You suffered harm as a result of the doctor's negligence. Harm can include physical pain, additional medical expenses, lost wages, and reduced quality of life.

  • The doctor's negligence caused your harm. You must show that if not for the misdiagnosis, you would not have suffered the damages you did.

Proving these elements often requires expert testimony from medical professionals who can speak to the standard of care and how your doctor deviated from it. An experienced Maryland medical malpractice lawyer can help you secure the necessary evidence and expert support.

Common Misdiagnosis Scenarios

Some conditions are misdiagnosed more often than others. Examples include:

  • Cancer misdiagnosed as a benign condition

  • Heart attack misdiagnosed as indigestion or anxiety

  • Stroke misdiagnosed as migraine or vertigo

  • Infection misdiagnosed as inflammation

  • Fracture misdiagnosed as sprain or strain

These errors can occur for many reasons, such as failing to order appropriate tests, misinterpreting test results, not taking a thorough patient history, or not referring the patient to a specialist when warranted.

Misdiagnosis can also happen when a doctor relies too heavily on a patient's age, gender, or race in reaching a diagnosis. For example, a doctor might dismiss a young woman's chest pain as anxiety without proper investigation, when in fact she's having a heart attack. A medical misdiagnosis can even be fatal, making it a wrongful death case.

Protecting Your Rights After a Misdiagnosis

If you suspect you've been harmed by a medical misdiagnosis, taking prompt action is essential. Here's what to do:

  1. Get a second opinion. See another healthcare provider to get an independent assessment of your condition.

  2. Request your medical records. You have a right to your records, and you'll need them for any legal claim.

  3. Follow your new treatment plan. It's crucial to prioritize your health and mitigate any harm caused by the misdiagnosis.

  4. Document everything. Keep a journal of your symptoms, treatment, and how the condition impacts your daily life. Save all medical bills and correspondence.

  5. Don't accept a quick settlement. The doctor's malpractice insurer may offer you a fast payout. Never take it without first consulting an attorney.

  6. Consult a Maryland medical malpractice lawyer. An experienced attorney can evaluate your case, explain your options, and fight for the compensation you deserve.

There are strict time limits for filing a medical malpractice lawsuit in Maryland. In most cases, you have five years from the date of the injury or three years from when you discovered the injury, whichever is earlier. But there are exceptions, so it's best to consult an attorney as soon as possible.

At Meyers, Rodbell & Rosenbaum, we know that dealing with a misdiagnosis can be overwhelming. You may face a longer recovery, lost income, and uncertainty about your future. Our compassionate Maryland medical malpractice lawyers are here to help shoulder that burden. We'll handle every aspect of your claim, from investigating what went wrong to negotiating with the insurance company so that you can focus on your health.