In the fast-paced, high-stakes environment of Baltimore’s hospitals and clinics patients place their faith in medical professionals to correctly identify and treat their illnesses. Unfortunately, diagnostic errors, including misdiagnosis, delayed diagnosis, or complete failure to diagnose, are one of the most common and devastating forms of medical malpractice.

A diagnostic error is a critical failure that violates the standard of care, often allowing deadly diseases, infections, or acute conditions to progress to the point where treatment is no longer effective or is far more invasive. The consequences of this type of negligence can include permanent disability, debilitating illness, or wrongful death.

If you or a loved one in Baltimore has suffered serious harm or lost a chance at recovery due to a physician’s failure to correctly diagnose a condition, the Law Office of David Ellin is ready to fight for justice on your behalf.

As a leading Baltimore misdiagnosis lawyer, David Ellin understands the nuances of these cases, which require proving not only that a mistake was made, but that a timely and correct diagnosis would have prevented the adverse outcome.

Our firm is committed to holding negligent doctors, radiologists, laboratories, and hospital systems accountable to secure the necessary compensation for lifelong medical care, lost income, and the profound suffering caused by preventable diagnostic failures.

Call (410) 833-0044 to schedule your free consultation with us.

Key Takeaways in a Misdiagnosis Lawsuit

  • Standard of Care is Key: A misdiagnosis is malpractice if a reasonably competent doctor, given the symptoms, would have ordered the correct tests and arrived at the correct diagnosis.
  • The Proof Required: Causation is proven by showing the delay significantly reduced the patient’s chance of a better outcome or survival (e.g., allowing cancer to progress from Stage I to Stage IV).
  • Critical Deadlines: Maryland’s statute of limitations is strict: the filing window is the earlier of five years from the injury date or three years from when the injury was discovered.
  • Mandatory Expert Witness: A Certificate of Qualified Expert must be filed within 90 days of the claim to certify its merit.
  • Common Errors: The most dangerous misdiagnoses involve time-sensitive conditions like cancer, stroke/heart attack, and sepsis, where hours or days can be fatal.

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Baltimore Misdiagnosis Guide

Defining Diagnostic Errors in Medical Malpractice Law

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David Ellin, Baltimore Misdiagnosis Lawyer

A successful misdiagnosis claim in Maryland must demonstrate that the healthcare provider’s actions fell below the accepted standard of care, and that this failure directly caused a negative outcome that otherwise would have been avoided.

The Standard of Care for Diagnosis

In Baltimore, the legal standard of care requires a doctor to demonstrate the knowledge, skill, and care ordinarily possessed and exercised by other competent practitioners in the same specialty, acting under similar circumstances.

A diagnostic error is considered malpractice when a reasonably competent doctor, using the accepted steps of differential diagnosis (taking a proper history, ordering relevant tests, consulting specialists, and interpreting results correctly), would have arrived at the correct diagnosis, and the defendant failed to do so.

Key Types of Diagnostic Negligence

  1. Misdiagnosis: Occurs when the patient is diagnosed with one disease when they actually have a different, often more serious, condition. This error leads to the wrong treatment being administered, while the actual underlying condition worsens.
  2. Delayed Diagnosis: Occurs when the correct diagnosis is eventually made, but only after a significant delay that reduces the patient’s treatment options or chance of survival. This is particularly devastating in fast-moving conditions like cancer or sepsis.
  3. Failure to Diagnose: Occurs when the physician fails to identify any serious illness or injury, often dismissing symptoms as minor or psychosomatic, when a critical condition is present.
  4. Failure to Act on Results: Occurs when a test result (e.g., a radiology report or lab work) correctly identifies a serious problem, but the doctor or staff fails to notify the patient or initiate follow-up treatment.

The Most Dangerous Conditions Commonly Misdiagnosed

Diagnostic errors are especially dangerous when the condition requires immediate or time-sensitive treatment. Our firm frequently handles litigation involving the misdiagnosis of these life-threatening illnesses:

1. Cancer Misdiagnosis

Cancer claims are among the most common and devastating delayed diagnosis cases. Catching cancer in its early stages is often the difference between a high cure rate and palliative care. Negligence typically occurs when doctors:

  • Fail to Order Screening or Diagnostic Tests: Ignoring symptoms like chronic pain, unexplained weight loss, or persistent lumps that warrant a biopsy or specialized imaging.
  • Misinterpret Biopsies or Imaging: Errors made by pathologists or radiologists in analyzing slides or scanning results, leading to a false negative.
  • Failure to Follow Up: Not reacting to abnormal blood work, a suspicious lesion, or a family history that screams for vigilance.

2. Acute Cardiac Events (Heart Attack and Stroke)

Misdiagnosis of stroke and heart attack (myocardial infarction) is frighteningly common in emergency rooms, especially in Baltimore where high-volume hospitals treat diverse patient populations.

  • Heart Attack (MI): Patients presenting with atypical symptoms are often incorrectly diagnosed with indigestion, anxiety, or musculoskeletal pain. Failure to order a timely EKG, cardiac enzymes, or stress test can prove fatal.
  • Stroke: Symptoms like sudden dizziness, severe headache, or confusion are sometimes attributed to vertigo or intoxication. Failing to perform a timely CT or MRI scan to confirm the type of stroke (ischemic or hemorrhagic) means the patient misses the critical treatment window for thrombolytic drugs, leading to permanent paralysis or cognitive damage.

3. Serious Infections (Sepsis and Meningitis)

Infections that go unrecognized can rapidly lead to multi-organ failure or death within hours.

  • Sepsis: Often mistaken for a common flu or generalized infection, sepsis is the body’s life-threatening response to infection. Negligence occurs when doctors fail to recognize the signs of Systemic Inflammatory Response Syndrome (SIRS) and fail to administer timely broad-spectrum antibiotics and fluids. Delayed diagnosis of sepsis is one of the leading causes of preventable death in U.S. hospitals.
  • Meningitis: This dangerous inflammation of the membranes surrounding the brain and spinal cord, particularly in infants and young children, is often dismissed as a routine fever or viral infection. Delaying definitive testing can result in severe brain damage, hearing loss, or even death.

4. Vascular Conditions

A failure to diagnose conditions involving blood clots or ruptures can lead to massive internal damage or death.

  • Pulmonary Embolism (PE): A blood clot in the lung, often mistaken for asthma or pneumonia. Failure to order a D-dimer test or a CT angiogram can be fatal.
  • Aortic Dissection: A tear in the wall of the aorta, causing severe chest or back pain, often confused with a heart attack. If missed, the aorta can rupture.

The Elements of a Successful Misdiagnosis Lawsuit in Maryland

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To secure compensation for a victim of diagnostic negligence, the legal team must prove two concepts beyond a reasonable doubt: the deviation from the standard of care and causation.

1. Deviation from the Standard of Care (The Negligent Act)

A doctor must do what a reasonably competent doctor would have done. In misdiagnosis cases, the deviation usually falls into one of three categories:

  • Failure to Gather Necessary Information: The doctor did not take a complete medical history, failed to listen to the patient’s chief complaints, or failed to perform a thorough physical exam.
  • Failure to Order Appropriate Tests: The doctor failed to use readily available tools (scans, labs, biopsies) that were indicated by the patient’s symptoms.
  • Failure to Correctly Interpret Data: The doctor misread a critical test result, failed to recognize the significance of a classic symptom, or misinterpreted a radiology report.

2. Causation: Linking Delay to Harm

This is the most contested element. The defense will argue that the disease or condition was already too advanced, or that the adverse outcome would have occurred regardless of the delay. Our firm counters this by utilizing testimony to establish negligence:

  • We use expert witnesses to review the patient’s initial condition at the time the diagnosis should have been made.
  • The expert then testifies as to the patient’s prognosis at that point (e.g., “At stage I, the patient had a 90% chance of survival”).
  • Finally, the expert compares that to the actual outcome (e.g., “By the time the diagnosis was made at Stage IV, the chance of survival was reduced to 10%”).
  • The lawsuit seeks compensation for the measurable, significant reduction in the chance of a better outcome, directly linking the negligent delay to the patient’s worsened condition and damages.

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The Strict Maryland Legal Framework

Like all medical malpractice cases in the state, misdiagnosis claims must adhere to Maryland’s strict procedural requirements, including the mandatory use of the Health Care Alternative Dispute Resolution Office (HCADRO) and the Certificate of Qualified Expert.

The Statute of Limitations (Time is Extremely Limited)

Maryland has one of the strictest statutes of limitations in the country for medical malpractice. Generally, you must file a claim within the earlier of:

  1. Five years from the date the injury occurred (the date of the initial missed diagnosis).
  2. Three years from the date the injury was discovered (the date the correct diagnosis was finally made and the patient realized the harm).

For misdiagnosis cases, the clock starts running when the failure to diagnose occurred, not when the patient died or became permanently disabled. Because the law is unforgiving, immediate action is paramount to preserve your right to file a claim.

The Certificate of Qualified Expert

Within 90 days of filing the claim with HCADRO, the plaintiff must file a sworn statement from a qualified, peer-recognized medical expert – the Certificate of Qualified Expert (Certificate of Merit). This expert must attest that the negligent misdiagnosis or delay constituted a breach of the standard of care and that the claim has legal merit.

The Law Office of David Ellin maintains a network of medical experts to quickly and accurately secure this certificate, ensuring your case can proceed to litigation.

The Impact of Misdiagnosis on Families

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The damages in a misdiagnosis lawsuit often exceed those of other personal injury claims because the negligent act impacts the patient’s entire prognosis and future. We fight to secure compensation for all resulting harms:

Economic Damages

These damages cover all verifiable financial losses directly attributable to the delay:

  • Worsened Medical Treatment Costs: The cost of more aggressive, invasive, and expensive treatments required for the advanced stage of the disease that could have been avoided with an earlier diagnosis.
  • Lost Wages and Earning Capacity: Compensation for income lost during prolonged treatment or due to permanent disability caused by the progression of the illness.

Non-Economic Damages

These address the intangible, yet profound, losses:

  • Pain and Suffering: The increased physical pain and mental anguish endured as the illness progressed needlessly.
  • Loss of Quality of Life: The inability to participate in daily activities, hobbies, and family life due to permanent disability or the terminal nature of the illness.
  • Wrongful Death: If the misdiagnosis was fatal, the firm seeks compensation for the financial and emotional losses suffered by the surviving family members.

Note on Damage Caps: Maryland law limits the amount of non-economic damages a plaintiff can recover. An experienced attorney must utilize forensic evidence and expert testimony to structure the claim to maximize economic recovery and reach the maximum allowable non-economic award.

Why David Ellin is the Right Choice for Your Baltimore Case

Misdiagnosis cases are inherently complex, pitting the victim against the formidable resources of large healthcare systems and their insurance companies. David Ellin brings the necessary experience and resources to level the playing field in the Baltimore courts.

Proven Litigation Success

David Ellin is a seasoned trial attorney with a track record of securing substantial verdicts and settlements in multifaceted medical malpractice cases. He has been named a Maryland Super Lawyer for years, demonstrating his recognized success in litigation. Our firm does not back down from taking on major institutions.

Focused Investigative Approach

Our approach to misdiagnosis cases is meticulous:

  1. Immediate Evidence Preservation: Securing all relevant medical records, lab reports, and imaging before they are altered or discarded.
  2. Expert Consultation: Engaging specialists early to definitively establish the standard of care and the moment the negligent mistake occurred.
  3. Life Care Planning: Working with life care planners and economists to accurately quantify the total financial damages over the victim’s projected lifespan.

We Work for You

We understand that you are navigating a medical crisis. We handle the legal hardships so you can focus on healing. We operate on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for you through a settlement or verdict.

Don’t Let the Delay Define Your Future

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If you suspect a failure to diagnose or a delayed diagnosis has caused you or a loved one severe harm, time is running out to seek justice under Maryland law. Protect your right to recovery. Contact a dedicated Baltimore Misdiagnosis Lawyer today.

The Law Office of David Ellin offers a free, confidential case evaluation to review your medical history and discuss your legal options. We will provide you with an honest assessment of your claim and outline the steps required to hold the negligent parties accountable.

Call (410) 833-0044 or contact us online to schedule your free consultation.

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Law Office of David Ellin

154 Westminster Pike
Reisterstown, MD 21136

Ph: (410) 833-0044