When medical professionals fail to diagnose brain tumors, they can be held accountable through a medical malpractice lawsuit. These cases tend to be complex, both because (a) the brain is complex in and of itself and (b) doctors, specialists, and hospitals tend to deny any allegations of malpractice outright. If evidence starts to pile up, they may even attempt to cover it up.
If you or a loved one has suffered an injury because of a misdiagnosed or undiagnosed brain tumor, a Baltimore failure to diagnose brain tumors attorney at Brown & Barron wants to help. With more than 137 years of collective legal experience, we can expertly guide you through even the most complicated, contested failure-to-diagnose cases. We aim to get you the best results possible so that you can heal and move on with your life.
Get in touch with a brain tumors lawyer serving Baltimore, (410) 698-1717 for a free case evaluation.
Our Baltimore attorneys are genuinely passionate about advocating for those injured and bereaved by medical negligence.
We bring the following (and more) to the table:
- More than 137 years of combined experience
- Thorough case investigation
- Responsive communication
- Step-by-step guidance
- Comprehensive counsel
- Tireless advocacy
At Brown & Barron, you won’t be treated as just another case file; we treat our clients like the real people they are. We will put our all into pursuing your compensation.
How does Brain Tumor Misdiagnosis Happen?
The failure to diagnose brain tumors is a very serious matter, as it often robs the patient of their chance to get the treatment they need in time. A brain tumor left untreated is, essentially, a brain tumor left alone to progress. When it is finally discovered, it may be far too late.
Failed diagnoses and misdiagnoses typically occur when a negligent medical professional:
- Orders the incorrect lab tests or scans
- Misreads lab tests or scans
- Ignores a patient’s self-reported symptoms
- Fails to consider a patient’s medical history
- Fails to refer the patient to a specialist
To have a case, you will need to prove that some type of negligence was committed by your doctor. Not all failed diagnoses warrant a claim; rather, your doctor must have negligently acted against or outside of medical industry standards. A good question to ask yourself is whether you would be in the same position had you visited a different doctor. If not, you likely have grounds for a claim.
How to Prove Medical Malpractice Occurred
To recover damages for your loss, you must prove your doctor was negligent. These are the elements for proving your brain tumor progressed because of medical negligence:
- Duty of care: A doctor-patient relationship existed between you or your loved one and the doctor you are filing a claim against. You must establish that this doctor began seeing you and treating you and was not in a consulting role. If this relationship existed, the doctor owed you a reasonable standard of care.
- Breach of duty: A doctor should be reasonably skillful and knowledgeable about their area of medicine. You must prove the doctor breached the standard duty of care and caused harm that a doctor in the same position would not have caused. It must be proven they deviated from this standard.
- Causation: You must prove that the doctor’s negligence caused your injury. It needs to be shown that the doctor “more likely than not” was incompetent or negligent, which directly caused the brain tumor to progress further.
- Damages: You must prove the injury led to specific damages, including physical, financial, and emotional harm.
Damages You Could Recover for Failure to Diagnose a Tumor
If there is evidence the doctor was negligent, you could recover damages for your losses. A medical malpractice claim can include a variety of damages, such as:
- Medical expenses: Any costs associated with the injury or recovery could be recovered. Examples include hospital stays, rehabilitative care, in-home care, medications, doctor’s appointments, and medical equipment. If the injury requires ongoing medical care after the claim is settled, you can also include future medical expenses in your claim.
- Miscellaneous out-of-pocket expenses: You could recover any costs you have to pay out of pocket, such as travel expenses.
- Loss of income: Any wages you lost while recovering from the injury can be included in your claim. This includes your salary, bonuses, and any health or retirement benefits you may have missed. If you cannot return to work because of your injury, you can include lost future earnings in your claim.
- Pain and Suffering: You could be compensated for the physical pain, anguish, and discomfort you felt after the injury.
Contact Brown & Barron online today to schedule a free case review with a brain tumors lawyer serving Baltimore.
Damages for Loss of a Loved One
If your loved one passed away because of their injury, you could recover the following damages:
- Funeral and burial expenses: Any costs associated with organizing and carrying out a funeral can be included in your claim. This also includes the cost of burial, cremation, or another chosen method of laying someone to rest.
- Loss of consortium: You could recover compensation for the loss of love, companionship, affection, moral support, assistance, and protection.
Pain and suffering and loss of consortium are non-economic damages, which means they do not have a specific monetary value associated with them. However, an attorney from Brown & Barron will calculate the value of these damages in your Baltimore failure-to-diagnose case.
Compassionate Counsel When You Need It Most
At Brown & Barron, our Baltimore attorneys understand the full scale of cases involving undiagnosed brain tumors. Through our personalized legal services, we will ensure that all your needs are addressed while building and pursuing your claim. Further, we will work without rest to recover your rightful compensation, such as for pain and suffering, medical costs, and hospital bills, among other damages accumulated.
You have a limited time to act. Md. Cts. & Jud. Proc. Code § 5-109 gives you only 5 years from the missed diagnosis or 3 years from the discovery of this incident, whichever is sooner, to move forward with a medical malpractice lawsuit.
Contact us today for a free consultation. Members of our staff are available 24/7 to take your call.
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