- December 20, 2019
Is Failure To Diagnose Injuries Considered Medical Malpractice In Maryland?
When you seek medical treatment, you expect your physician or medical provider to diagnose your condition correctly and prescribe a treatment plan that gives you the best chance of recovery. Even though you do not receive a guarantee that a course of medical treatment will work, you do expect the doctor to do everything reasonably within his or her power to ensure success, including diagnosing your condition correctly. When a doctor or medical provider fails to diagnose a medical condition, the outcome can be catastrophic. Failure to diagnose can cause severe injuries and death.
Is Failure to Diagnose Medical Malpractice?
Yes, failure to diagnose can rise to the level of medical malpractice. Correctly diagnosing a medical condition sets the foundation for your course of treatment. When a medical provider or doctor fails to diagnose a medical condition, medical treatment may be delayed, or the wrong treatment may be used. Any delay or failure to diagnose can have deadly consequences for the patient.
Proving a Failure to Diagnose was Medical Malpractice
You must prove the elements of medical malpractice to recover compensation for a failure to diagnose claim. In Maryland, that involves two key elements:
- The physician deviated from the medical practices or standards accepted within the medical community; and,
- The deviation in medical practices or standards was a direct and proximate cause of the patient’s injury or death.
- Failing to recognize the symptoms of a heart attack, cancer, stroke, or other serious medical condition
- Misinterpreting the results of mammograms, MRIs, CT scans, or x-rays
- Failing to conduct diagnostic tests, such as blood tests and imaging tests
- Negligence in failing to recommend a specific medical procedure, such as a c-section, when necessary to treat a medical condition
- Unreasonable delay in ordering diagnostic tests
- Paralysis
- Coma
- Amputation
- Damage to internal organs, including kidneys, lungs, heart, bladder, bowels, etc.
- Advanced stage cancer
- Brain damage
- Strokes
- Cost of medical care and personal care
- Lost income, including future lost wages and loss of earning capacity
- Loss of consortium
- Physical pain and suffering
- Scarring and disfigurement
- Emotional suffering and mental anguish
- Wrongful death damages