Did Your Maryland Health Care Provider Fail to Diagnose Your Injury or Illness?
Medical malpractice does not only occur due to the mistaken action of a medical provider. It can also happen due to inexcusable inaction, such as when a medical provider fails to accurately diagnose a serious illness.
Did you or a loved one suffer a worsened injury or illness due to a misdiagnosis or a failure to diagnose? If so, you should seek compensation through an injury claim against the medical provider or their employer. One of our Baltimore medical malpractice lawyers at Brown & Barron is standing by to hear your account and help you determine the best course of action.
Get in touch with a failure to diagnose lawyer serving Baltimore, 410-547-0202 for a free case evaluation.
Why do Failures to Diagnose Happen?
People who come to medical facilities expect and deserve the utmost medical attention that meets all acceptable medical standards. In many injury cases, the patient’s harm is entirely internalized, making it impossible for them to know what is causing them pain and discomfort. In a case involving a patient with a serious illness, they can only discuss symptoms but might not be able to do so clearly due to their lack of medical knowledge.
All patients rely on doctors and physicians to let them know what is wrong through an accurate diagnosis. When a patient’s health complication is rare, subtle, or complicated, a medical provider can seek second or third opinions to help them reach the diagnosis. Failing to take responsible steps to diagnose a patient could be considered medical malpractice since it does not meet accepted medical standards.
The potential causes of failures to diagnose may include:
- A medical provider hastily examining a patient
- A medical provider’s inexperience
- A diagnosis lab making an error in testing
- A patient’s records being mixed up
- An affliction being confused with another health problem
How do Lawyers Determine the Causes of Failures to Diagnose?
When a medical professional fails in their responsibility, the professional, their employer, the employer’s insurer, and the insurer’s lawyers may make it difficult for the patient to determine the cause of the failure. These entities are protecting themselves.
The patient may have no protection and no way to determine the cause of their incident. A lawyer can protect the patient’s rights, including their right to know what happened to them, their right to hold the responsible party accountable, and their right to compensation.
One of the medical malpractice lawyers from our firm can evaluate medical records, examine witnesses, and interview experts to help you determine the cause of your incident and injuries. Additionally, your lawyer will identify the responsible party, negotiate with the insurance company, and fight for the maximum amount of compensation you can recover for your case.
How Do Lawyers Prove Medical Malpractice?
Even if a patient suffered injuries during medical practice, it doesn’t necessarily mean malpractice occurred. To establish that malpractice did occur, the patient’s lawyer will have to show the medical professional was negligent in their duties. This requires:
- Showing that the professional violated their duty of care, or their responsibility to act in a way that won’t cause harm to the patient
- Showing that the violation of duty caused harm to the patient
- Showing evidence of the patient’s damages
The Damages You Could Collect
In a medical malpractice claim or lawsuit, you could claim and collect a number of financial and non-financial damages. These damages will help you afford your recovery, help you support your family during your recovery, and compensate you for your suffering.
You could collect the following damages and possibly others:
- Pain and suffering
- Mental anguish
- Medical costs
- The cost of physical therapy
- Lost income
- Lost earning potential
If you lost a family member due to medical malpractice, you may be able to claim wrongful death damages.
What Is the Statute of Limitations for Medical Malpractice in Maryland?
If you want to file a medical malpractice lawsuit in Maryland, you’ll have to meet the filing deadline. You’ll have the sooner of 5 years from the date of your incident or 3 years from the day you discovered a medical issue to file the lawsuit, according to Md. Cts. & Jud. Proc. § 5-109. Your lawyer will help you meet the deadline, but you should contact our firm soon to make sure your lawyer will have enough time to file your lawsuit.
Doing the Right Thing for Misdiagnosed Patients in Maryland
Brown & Barron has long been known throughout Baltimore and the surrounding regions as a personal injury law firm that genuinely cares about its clients. We continually hold ourselves to the highest expectations because we know our clients deserve the best representation possible. We take on cases involving diagnosis errors, surgical mistakes, and other kinds of medical malpractice, so you can bring your medical malpractice claim to our law firm and know it will be in good hands.
Contact Brown & Barron today if you’d like a free consultation with a member of our team. During your consultation, we’ll review your case and tell you more about how one of our medical malpractice lawyers can help you.
Contact Brown & Barron online today to schedule a free case review with a with a failure to diagnose lawyer serving Baltimore.