People who experience alarming symptoms will typically seek medical attention, in hopes of obtaining an accurate diagnosis and appropriate care. Sadly, however, doctors often fail patients by ignoring their symptoms until their health has deteriorated past the point of return. In such instances, the impacted patients can often recover substantial damages, as demonstrated by a recent Wicomico County verdict in excess of $3 million in a case arising out of a missed cancer diagnosis. While many cannot compensate for the loss of one’s health, it may alleviate some of the financial concerns associated with treating cancer. If you suffered harm due to a doctor’s failure to diagnose cancer, it is smart to talk to a Baltimore medical malpractice lawyer about your possible claims.
The Wicomico Case
It is reported that a recent medical malpractice lawsuit in Wicomico County, Maryland resulted in a record $3.38 million verdict, marking the largest of its kind in the county’s history. The case alleged that the defendant radiologist failed to appropriately evaluate, treat, and report the plaintiff’s medical condition, leading to a devastating progression from stage I to stage IV cancer. The jury, comprised of six individuals, unanimously ruled in favor of the plaintiff after careful consideration of the evidence presented.
According to the complaint, the plaintiff initially noticed a small lump in front of her right ear in March 2021. After consulting medical professionals and undergoing a contrast-enhanced soft tissue neck CT at Peninsula, the radiologist classified the scan’s results as a “normal variant” and did not recommend further testing or treatment. However, by July 2021, the plaintiff noticed that the mass had grown larger, prompting her to seek further medical attention. Subsequent testing revealed the progression of her cancer, necessitating surgery in January 2022.
Allegedly, the lawsuit alleged negligence on the part of the defendant, as well as a loss of consortium. Despite Maryland’s cap on noneconomic damages, the jury awarded the plaintiff a substantial verdict, recognizing the severity of their suffering and the impact of the medical malpractice on their lives.
Demonstrating Liability for the Failure to Diagnose Cancer
In Maryland, demonstrating liability for the failure to diagnose cancer typically involves establishing several key elements under state law. First, it must be shown that the defendant, usually a healthcare provider, owed a duty of care to the plaintiff, meaning they were obligated to provide competent medical treatment.
Second, it must be demonstrated that the defendant breached this duty by failing to adhere to the applicable standard of care. This breach could involve errors in conducting medical tests, misinterpreting test results, neglecting symptoms, or failing to follow up on concerning findings. Third, it must be established that the breach of duty directly caused harm to the plaintiff. In cases of failure to diagnose cancer, this often entails proving that the delayed diagnosis or misdiagnosis led to the cancer progressing to a more advanced stage than it would have with timely and appropriate treatment. Finally, the plaintiff must have suffered damages as a result of the breach of duty and subsequent harm caused by the delayed or missed cancer diagnosis.
Confer with a Skilled Maryland Attorney
Doctors have an obligation to provide patients with competent care, which includes addressing concerning symptoms and delivering correct and timely diagnoses. If you suffered harm due to a physician’s carelessness, it is wise to confer with an attorney regarding your rights. The skilled Baltimore medical malpractice lawyers at Arfaa Law Group can assess the facts of your case and aid you in seeking the best legal outcome available under the law To arrange a meeting, you can reach us through our online form or by calling (410) 889-1850.