Most doctors try to abide by the Hippocratic Oath to do their best and not harm patients. However, medical malpractice can still occur. No matter how competent your doctor is, you deserve compensation if an ill-informed decision injures you.
If you have an illness your doctor cannot identify, but a second opinion easily does, you may have a valid legal claim. You may also have a right to pursue legal action if you shared specific symptoms with your doctor, but they ignored you and did not diagnose you as your condition worsened. Every situation is unique, and a Rockville failure to diagnose lawyer considers every detail to make a strong case for compensation.
Examples of Failing to Diagnose an Illness
Medical personnel, including physicians, nurses, dentists, nursing homes, and hospitals, owe patients a duty to perform to the standards accepted in their professions. Health care providers must perform services consistent with the standard of care in Maryland. Failing to diagnose a condition may be unreasonable if the physician:
- Misinterprets tests
- Fails to consult a specialist when no diagnosis is ascertained
- Fails to act on a patient’s complaints of pain or other symptoms
- Doesn’t continue to look for the root cause of symptoms when initial tests are inconclusive
To bring a medical malpractice lawsuit in Maryland, the plaintiff must have an expert physician’s support, evidenced by filing a certificate. However, before filing a claim, Maryland also requires mandatory arbitration. This is often waived. Talk to a Rockville failure to diagnose attorney to learn the procedure plaintiffs must follow to comply with all legal guidelines.
Mandatory Arbitration
Maryland requires all prospective parties to a malpractice lawsuit to submit to arbitration before the Health Care Alternative Dispute Resolution Office, per Maryland Code Annotated § 3-2A-04. However, the defendant may waive their right to arbitration after the expert physician’s certificate has been filed.
Damages Awarded for Malpractice
Economic damages are calculable, and a malpractice lawsuit from the defendant or insurer can recover whatever a plaintiff suffers from having to pay out of their pocket for losses—such as wages from being unable to work. Any future care attributed to the malpractice can also be awarded, along with medications and medical aids—such as wheelchairs and retrofits to the plaintiff’s home and vehicle if they are paralyzed.
Non-economic damages are capped using a formula for the year the malpractice occurred. An experienced failure to diagnose lawyer in Rockville can discuss what a claim is worth in a specific situation.
A Rockville Failure to Diagnose Attorney Can Guide You Throughout the Legal Process
Plaintiffs and their attorneys do not simply file a lawsuit for medical malpractice at the courthouse. An expert witness must concur with the plaintiff, and a certificate stating such must be filed. Arbitration is mandatory before a lawsuit, although it is often times waived.
For help navigating the legal process and avoiding procedural roadblocks, entrust your medical malpractice case to a skilled negotiator and litigator who routinely handles them. Call a Rockville failure to diagnose lawyer at Price Benowitz to schedule a free consultation.
