When most people go to the doctor, they believe they can trust the physician
to give them a correct and timely diagnosis. Unfortunately, this does
not always happen, and sometimes patients are diagnosed incorrectly or
not diagnosed at all. This can have serious and long-term consequences
for an individual’s health. At Wais, Vogelstein, Forman & Offutt, our
medical malpractice lawyers have helped many Baltimore residents who have suffered from a
misdiagnosis. If you have been harmed as a result of a physician’s
negligence, you may be entitled to financial compensation. Our priority
is to provide skilled, compassionate representation to the most seriously
injured people in our community.
Seeking Compensation from a Doctor or Hospital after a Misdiagnosis
An incorrect diagnosis, a delayed diagnosis, or a
failure to diagnose can severely undermine a patient’s health. The patient often does
not seek the required treatment or seeks inappropriate treatment, which
can make his or her medical condition worse. This is especially true in
cancer misdiagnosis and other conditions for which early treatment is essential. Other examples
include failing to recognize heart attack symptoms, failing to diagnose
bacterial infections, and delaying diagnostic test ordering. Ultimately,
a healthcare provider’s failure to correctly diagnose a condition
in a timely manner may result in lifelong disability, costly medical care,
or even a tragic loss of life.
When a physician fails to diagnose correctly because he or she was not
giving the patient proper time, care, and attention, the injured individual
can file a medical malpractice claim against that physician and sometimes
the hospital that employs him or her. A malpractice action is a specific
type of negligence claim. Broadly speaking, negligence consists of failing
to take proper care in doing something and thus causing harm to someone
else. In this context, therefore, medical malpractice occurs when a healthcare
provider breaches the standard of care owed to a patient.
The standard of care refers to how another doctor in the same specialty
and geographic area would act in the same or similar circumstances. If
the breach of the standard of care caused the patient’s injuries,
and quantifiable damages resulted from the harm, the health care professional
generally will be liable. Expert testimony is usually required to establish
the elements of a medical malpractice claim since a judge or jury otherwise
would not know what would be expected of a doctor in a certain situation.
Under Maryland law, an injured patient can potentially recover lost income
and benefits, medical expenses, pain and suffering, and other economic
and non-economic types of damages through a medical malpractice claim.
In a narrow range of situations, if the victim can show that the health
care provider acted reprehensibly and with malicious intent, the victim
may also be able to obtain punitive damages.
It is important to note that patients only have a certain amount of time
to file a medical malpractice lawsuit in the state of Maryland. This time
limit is known as the statute of limitations. Under Maryland law, an individual
has five years from the date that the malpractice took place, or three
years from the date that the injury or error was originally discovered,
to file a claim. Failure to file within the applicable statute of limitations
could mean losing your right to be heard by a court altogether.
Discuss Your Medical Malpractice Claim with a Lawyer in Prince George’s County
negligence attorneys at Wais, Vogelstein, Forman & Offutt have helped residents of Prince
George’s County and other areas in Maryland assert their right to
compensation. Medical misdiagnosis cases are difficult to prove, and having
a qualified attorney on your side is important. With over 100 years of
collective experience handling these complex claims, our accomplished
team has obtained several seven- and eight-figure settlements and verdicts
for our clients. We can answer all of your questions and address your
concerns throughout the entire legal journey.
To learn more,
contact us online or call us at (410) 567-0800 for a free consultation.