Receiving a cancer diagnosis can be incredibly difficult. When you discover that your doctor misdiagnosed your cancer or failed to diagnose it early on, knowing where to turn can be even more challenging. Fortunately, a cancer misdiagnosis lawyer in Maryland can help give you peace of mind by pursuing justice while you attend to your health.
The Jaklitsch Law Group tirelessly represents medical malpractice victims throughout Maryland. We are not afraid to go up against big-time doctors, hospitals, or faceless medical malpractice insurance providers. Working with a Maryland medical malpractice lawyer significantly improves your ability to receive a positive outcome in your case. We understand what is at stake and are here to serve as your champion and guide through this process.
An Experienced Lawyer Can Shoulder Your Burden and Advocate for You
Discovering that your doctor misdiagnosed or failed to diagnose your cancer can be devastating. Patients should not have to undergo the shock and discomfort of learning they have cancer, or that their cancer has progressed, and their doctor did not tell them. Cancer often requires immediate action to address it, and it is hard to take care of your urgent medical needs while also handling legal matters.
Fortunately, with a cancer misdiagnosis lawyer, you do not have to handle the situation on your own. Your attorney will take care of the legal aspects of the case. They will make phone calls, send legal correspondence, and negotiate with involved parties on your behalf, giving you vital space to take care of your health. Further, the attorney serves as your advocate, fighting for your best interests at every turn to help ensure you receive the compensation you deserve.
At the Jaklitsch Law Group, you receive the personalized support of a small firm while getting big firm results. Our team is nationally acclaimed and has a proven record of success in securing valuable results for our clients. We prioritize you and your case and deliver customized approaches and strategies. You can be confident that we have your best interests at heart and will protect your rights throughout the entirety of your case.
What Constitutes a Misdiagnosis of Cancer?
A misdiagnosis is a serious situation where medical professionals wrongly diagnose a patient with a different condition than the one they actually have. Because they have not been properly diagnosed, these patients are unable to receive the treatment they need.
Misdiagnoses are a type of medical malpractice. When a doctor is negligent, our cancer misdiagnosis lawyers in Maryland can stand up to healthcare professionals to ensure that the doctor is held accountable and the patient is compensated for the result of negligent care.
The Impact of Cancer Misdiagnosis
Because of how variable cancer can be, it is imperative for doctors to identify and diagnose any type of cancer as early as possible. Doing so enables the patient to prepare for the next steps and take the appropriate action after weighing their options. When doctors fail to properly diagnose cancer, it unfairly deprives the patient of this right. Further, if cancer progresses rapidly, it can quickly take someone’s life without allowing them to prepare themselves or their loved ones for this.
Sadly, the risk of a cancer misdiagnosis remains elevated throughout the U.S. An estimated 12 million adults are misdiagnosed annually, and 28% of misdiagnoses can threaten or alter a patient’s life. Furthermore, 88% of patients who seek a second opinion receive a refined or changed diagnosis. These statistics illustrate the prevalence of this issue and the need for change, as well as advocacy when these events occur.
Reasons Why Cancers Are Misdiagnosed
A cancer misdiagnosis can be caused by several factors during different stages of the diagnostic period. According to the source referenced above, a misdiagnosis can result when doctors interpret tests incorrectly, or they are interpreted by the wrong type of medical professional. Additionally, doctors have a responsibility to be thorough, and when they fail to take extra steps or order follow-up diagnostics, the patient can suffer.
Misdiagnoses cost patients valuable time and can even cost them their lives. Not to mention the stress patients bear due to the uncertainty and waiting, which can also exacerbate their condition further. Misdiagnoses also contribute to increased healthcare costs, and receiving treatments that they do not need can cause further health complications.
Which Cancers Are Commonly Misdiagnosed?
Some cancers may be misdiagnosed more than others. This may be due to symptoms that are similar to other conditions, insufficient diagnostic procedures, slow spreading conditions, and a lack of follow-up. The top 5 misdiagnosed cancers include:
- Lymphoma
- Breast cancer
- Colon cancer
- Lung cancer
- Skin cancer
Many of these cancers can be life-threatening if they are not caught in time. As such, a misdiagnosis can severely limit your options. A Maryland cancer misdiagnosis attorney can fight for you so you do not lose additional time trying to get the care and support you need.
Your Rights When You Have Been Given a Cancer Misdiagnosis
When you have received a cancer misdiagnosis, you have the right to seek a second opinion. This can allow you to be reexamined to confirm or refute the initial diagnosis. It can also provide clarity on the circumstances surrounding your diagnosis. Once you receive a second opinion, you can determine how to proceed and what treatments are necessary for fighting the illness.
Additionally, you have the right to hold the negligent doctor liable for their actions. Doctors are held to a high standard, and violations can cause significant harm. As the patient, you have the right to quality and trustworthy care, so you can take action when you do not receive it, especially at such a critical time. Hiring a lawyer can help you navigate the legal process and get justice.
How a Cancer Misdiagnosis Is Demonstrated in Maryland
To prove a cancer misdiagnosis occurred, you must meet the elements contained in the Maryland medical malpractice law. Under this law, cancer misdiagnosis victims must show that their doctor’s standard of care fell below that of similarly situated doctors and that the standard of care led to the injuries experienced by the victims. For example, the victim can show that the doctor should have performed or ordered certain tests when the victim started showing signs, but failed to do so.
The victim must also establish a causal connection between the doctor’s failure to diagnose and their current condition. For example, they must show that had the doctor acted when they should have done so, the victim was likely to have experienced a better outcome. For instance, the victim may have been able to have surgery or begin treatment sooner, resulting in a better prognosis.
A lawyer can help victims prepare their cases against negligent healthcare providers. An experienced cancer misdiagnosis attorney is familiar with Maryland’s special rules about bringing lawsuits against healthcare providers, such as requiring a medical expert to verify the claim.
Legal Options When a Cancer Misdiagnosis Results in a Wrongful Death
Early detection is critical to treating cancer and improving the overall prognosis. Sometimes a cancer misdiagnosis can result in discovering the illness once it is too advanced, or after it is too late.
If someone in your immediate family died due to a cancer misdiagnosis, then you may be able to file a wrongful death lawsuit against the doctor responsible in accordance with Maryland Statute §3–904.
A wrongful death claim allows surviving family members to get justice for the decedent and recover what they would have been entitled to receive if they had lived. Compensation in these cases can cover the cost of end-of-life care and funeral and burial expenses. It can also provide for lost income and companionship caused by the decedent’s loss.
Establishing Liability in Cancer Misdiagnosis Cases Can Be Challenging
Establishing liability can be challenging in cases where doctors fail to diagnose you properly because it may not always be clear if the misdiagnosis resulted from negligence. In these situations, seeking a second opinion or input from an expert can provide clarity on how the diagnosis was missed. A doctor’s track record can also be an important indicator of whether your misdiagnosis was reasonable or a result of negligence or substandard care.
Because of these complexities, gathering evidence is vital to establishing liability so you can hold the doctor accountable and recover compensation. Your lawyer will look at whether the doctor was your medical practitioner, exhibited a negligent standard of care, and directly impacted your health through action or inaction. They will investigate the situation from all angles and compile evidence that shows the doctor’s role and your suffering, and demonstrate negligence by showing:
- Duty of Care: The doctor was obligated to meet care and safety standards so you received accurate information and were allowed to receive swift treatment.
- Breach of Duty: The doctor failed to show the proper attention, time, and/or care to your condition or test results.
- Causation: The doctor’s actions or lack thereof caused you to receive an inaccurate diagnosis and prevented you from getting treatment for your condition.
- Damages: The doctor who misdiagnosed you can be held liable for your harm and must provide restitution for your healthcare expenses and associated losses.
These steps, supported by evidence, can systematically show the cause and effect of the situation and connect the doctor’s actions to your current circumstances. This step-by-step process must be completed in order to fully resolve your case. Lawyers have extensive experience fulfilling this legal requirement and getting results in these types of cases.
Our Lawyers Can Help Secure Compensation After a Cancer Misdiagnosis
Treating cancer is already expensive enough, but when you have received a misdiagnosis, you can be facing more expenses than you had planned for originally. It can also have profound ramifications on other areas of your life. When you have suffered because of a doctor’s negligence and lack of care, you have the right to seek compensation for the losses you have suffered. This may include some of the following:
- Medical expenses for diagnostics, treatments, lab tests, surgeries, chemotherapy, radiation therapy, and other cancer-related expenses
- Lost wages or earning capacity if your cancer impedes your ability to work
- Pain and suffering
- Emotional and psychological distress related to your cancer misdiagnosis
- Reduced quality of life and inability to enjoy it
- Loss of companionship and consortium
Cancer misdiagnosis attorneys in Maryland can help you determine the extent of the misdiagnosis and related care and expenses so you can recover all financial support you need during this difficult time. How much your cancer misdiagnosis case is worth will depend on various factors, so it is important to have your lawyer assess and calculate the value of your losses.
Maryland’s Statute of Limitations for Cancer Misdiagnosis
All claims are subject to a statute of limitations that dictates how long legal action can be taken. If you try to file a claim after this time expires, you will likely be barred from recovery even if you have suffered harm due to negligence. Because cases take time to investigate and develop, it is important to hire a lawyer as soon as possible to give yourself the best chance at a favorable outcome.
In cases of medical malpractice, such as a cancer misdiagnosis, there are two different periods of limitations according to Maryland Statute §5–109. Individuals have five years from the time the injury was inflicted to resolve their claim. However, if the cancer misdiagnosis was not discovered right away, then individuals have 3 years from the time of discovery. To determine which limitation applies to your case, consult a lawyer right away to discuss your options.
Contact Our Cancer Misdiagnosis Lawyers in Maryland
The Jaklitsch Law Group provides compassionate support when you are faced with a cancer misdiagnosis. Our team acts quickly to ensure you have as many options available to you as possible. We fight to hold doctors and medical staff accountable and secure the compensation you need for your care. To get started with your case, contact us to schedule a consultation today.
