Johns Hopkins Medicine estimates that between 80,000 and 160,000 severe injuries and deaths occur every year in the United States due to preventable diagnostic errors. If you or a loved one suffered physical pain, emotional and mental suffering, or monetary losses because of failure to diagnose an injury or illness, Brown & Barron can help you recover damages.
Our Waldorf failure to diagnose attorneys can assist with a medical malpractice lawsuit or insurance claim. We can hold the liable party financially responsible for your medical bills, lost wages, and more.
Understanding Failure to Diagnose and Medical Malpractice
When you seek treatment from Waldorf St Charles Medical, Adventist Healthcare, Fairfax Medical, or another health care facility in Waldorf, you trust in the expertise of their doctors, nurses, and other providers. However, even professionals can sometimes make mistakes. When these mistakes stem from negligence or recklessness, they constitute medical malpractice.
To prove that a doctor, nurse, or medical facility is liable for your injury, our attorneys will establish the four elements of malpractice, according to Clinical Orthopaedics and Related Research:
- Existence of a doctor/patient relationship – We will show you were under the care of a provider or facility, and therefore, they owed you a professional duty.
- Breach of duty – Our lawyers will prove the healthcare provider or facility failed to act according to the acceptable standards and practices of the medical community.
- Injury – We will draw a line connecting your provider’s breach of duty with your failed diagnosis and resulting injury or illness.
- Damages – We will prove that your provider’s failure to diagnose led to monetary damages and pain and suffering.
Mistakes That Can Lead to Diagnostic Errors
According to the Agency for Healthcare Research and Quality (AHRQ), a diagnostic error can occur at any time between when a patient seeks treatment, and a doctor should follow up with test results and a treatment plan. Examples of medical negligence that could lead to a failure to diagnose include:
- Denied or delayed patient care
- Failure to collect a patient’s medical history
- Incomplete physical examination
- Failure/delay in ordering lab tests
- Ordering incorrect lab tests
- Lab sample mix-up or mislabeling
- Incorrect reading or interpretation of lab tests
- Failure to communicate test results to the doctor or patient
- Failure to refer patients to a specialist
- Failure to recognize the urgency/severity of an illness
- Failure to monitor or follow up with a patient
Get in touch with a failure to diagnose lawyer serving Waldorf, 410-547-0202 for a free case evaluation.
Our Failure to Diagnose Lawyers Can Seek Compensation for You
When a doctor fails to diagnose a condition, patients can suffer from a lack of treatment or delayed treatment. This can cause their injury or illness to worsen and may mean they need more extensive medical care than if they had received an earlier diagnosis. In addition, this lapse could mean that a once-treatable illness progresses and becomes fatal for some conditions.
Our lawyers will fight for the compensation you need to pay for your treatment and other losses without having to jeopardize your family’s financial security. In general, we can pursue:
These damages are your actual, calculable expenses, including your past and future medical treatment, lost income, and various out-of-pocket costs, including:
- Doctor and hospital fees
- Medical procedures
- Physical therapy
- In-home health care and long-term nursing services
- Medications, medical devices, and medical equipment
- Lost wages, earnings, and benefits
- Loss of future earning potential
- The value of household services you can no longer perform, such as cooking, childcare, and cleaning
- Transportation fees and medical travel expenses
- Medically necessary home modifications
Our team will use medical bills, pay stubs, and receipts to value your economic damages. We can also work with economists, vocational experts, and medical experts to calculate the cost of your expected future treatment, income loss, and other injury-related expenses. This ensures you get the most out of your claim and receive the compensation you need now and moving forward.
Non-economic damages address your injury’s physical, mental, and emotional toll. You may receive monetary awards for physical pain, depression, anxiety, mental anguish, stress, and loss of enjoyment of life.
Maryland places a statutory cap on non-economic damages for malpractice, according to Md. Cts. & Jud. Proc. Code § 3-2A-09. The maximum amount you can recover for an injury occurring in 2022 is $860,000. However, this limit increases or decreases by $15,000 per year, depending on when your injury occurred.
Our lawyers can tell you more about this cap and how it may affect your case. In addition, we will discuss how your injury affects your overall quality of life and will aggressively negotiate to secure the most advantageous settlement possible for your non-economic losses.
Wrongful Death Compensation
If a failure to diagnose resulted in your loved one’s death, you may qualify for wrongful death compensation. Damages may include the loss of your loved one’s financial contributions, companionship, care, and guidance. Surviving family members may also pursue awards for their mental pain and suffering. There is a statutory cap on non-economic compensation in wrongful death cases, as with medical malpractice.
We Have Recovered Millions of Dollars for Malpractice Victims
Our law firm has recovered more than $82 million in successful settlements and verdicts, including $750,000 for a client with a failed diagnosis of a tumor. We only work on medical malpractice and nursing home abuse cases, so our experience and focus are on helping victims of negligent care providers seek justice.
We will turn our 137-plus years of combined experience toward you and your case. From filing your insurance claims to fighting for you during negotiations, we will take care of the details so that you can work on healing.
Keep in mind that you have a limited time to take legal action. According to Maryland Courts & Judicial Proceedings Code section 5-109, you have the earlier of either five years from the date of injury or three years from when you discovered your injury to file a medical malpractice lawsuit. Under Md. Code Ann., Cts. & Jud. Proc. § 3-904, you have three years to sue for the wrongful death of a loved one.
Contact Our Law Firm to Get Started on Your Failure to Diagnose Lawsuit Today
Contact Brown & Barron today for a free consultation and learn more about working with our Waldorf failure to diagnose attorneys.
Contact Brown & Barron online today to schedule a free case review with a with a failure to diagnose lawyer serving Waldorf.