Claim For Medical Malpractice Based On A Missed Diagnosis

by Jeffrey J. Downey, Esq.

Maryland medical malpractice laws enable an injured patient to recover damages for various acts of negligence,  including misdiagnoses, missed diagnoses, and diagnosis delays of a patient’s condition. In Maryland, diagnostic errors are prosecuted under medical malpractice laws.

If doctors are more cautious, most of the harm a missed diagnosis causes could be reduced if not avoided. You want to hire a medical malpractice attorney in Maryland to help with bringing a lawsuit.

Missed Diagnosis Cases In Maryland

In Maryland, examples of missed diagnoses are:

  • Pulmonary Embolism Missed Diagnosis
  • Failure to assess and treat infection
  • Broken Bone Missed Diagnosis
  • Cancer Missed Diagnosis

Maryland Limitations On Damages

The maximum amount of damages you may be awarded for medical negligence is regulated by law in each state in the United States. Maryland has caps on damages that should you discuss with a qualified malpractice attorney. For the current caps on damages click here: (

Other states may have general damages statutes that include pain and suffering, loss of enjoyment of life, and the emotional toll of scarring or ugliness.

Damages You Can Recover In A Medical Malpractice

  • Lost Wages. You must provide supporting documentation, like a letter from your employer, a doctor’s note, and pay stubs to prove lost wages.
  • Physical Injuries and deformities
  • Medical Bills. You could incur costs during the treatment when a missed diagnosis results in injuries. Your compensation should cover everything you incur.
  • Punitive Damages. Punitive damages punish the liable doctor for their malpractice and serve as a warning to other doctors. To receive punitive damages, you only need to prove negligence that was more severe than recklessness, malice, or another mental condition.
  • Physical Pain And Mental Suffering. A loss of consortium claim is brought by a spouse or family member of the affected patient as a stand-alone case. The afflicted patient must either pass away or suffer permanent or severe injuries before the court can grant loss of consortium damages.

FAQs to Missed Diagnosis

What is the Statute Of Limitations for My Missed Diagnosis Claim?

In Maryland, there is a statute of limitations on all claims of medical negligence. A missed diagnosis lawsuit could be filed within two years of knowing about your ailment and four years after a missed diagnosis.

Could My Doctor Have Diagnosed My Condition Accurately?

If your doctor had the opportunity to provide an appropriate diagnosis but chose not to, this could constitute medical malpractice. You could file a claim if your doctor knew how to diagnose your ailment properly.

Can I Receive Damages Owing to Missed Diagnosis?

You could bring a missed diagnosis lawsuit only if you have injuries that you are legally entitled to collect damages. These might consist of the following:

  • Reduction in life expectancy
  • Current or projected medical costs
  • Income lost because of the incapacity to work
  • Other financial and non-financial losses of many kinds

You need a personal injury lawyer to prove that a diagnostic error, particularly a missed diagnosis that caused you harm. A medical malpractice attorney could determine the precise error. Your lawyers could fight for your rights and ensure you receive fair compensation for your suffering, lost wages, and medical costs.