Medical malpractice claims often hinge on whether healthcare providers adhered to the appropriate standard of care and whether any failure to do so directly impacted a patient’s health and treatment outcomes. Generally, expert testimony is necessary to establish the standard of care and causation; as such, if expert testimony is precluded, it can greatly impair their ability to present compelling claims, as shown in a recent Maryland case. If you or a loved one were injured by a physician’s misdiagnosis or failure to diagnose a medical condition, it is in your best interest to meet with an experienced Baltimore medical malpractice to determine your potential claims.
History of the Case
It is alleged that the plaintiff, a woman in her early 30s, sought medical advice from her gynecologist regarding her ability to conceive. In 2018, the defendant, a board-certified obstetrician and gynecologist, performed blood tests to assess the plaintiff’s fertility. The physician incorrectly informed the plaintiff that her test results were normal when, in fact, they indicated diminished ovarian reserve (DOR), a condition that reduces a woman’s egg supply and fertility potential.
It is reported that the physician failed to refer the plaintiff to a fertility specialist or recommend immediate treatment, such as in vitro fertilization (IVF), which could have maximized her chances of conception. The plaintiff continued trying to conceive naturally, unaware of her declining fertility. Eighteen months later, after further unsuccessful attempts to conceive, the plaintiff consulted a fertility specialist and was formally diagnosed with severe DOR. By that time, her condition had worsened considerably, and despite undergoing multiple rounds of IVF and fertility treatments, she was unable to achieve a successful pregnancy.
Following these events, the plaintiff filed a medical malpractice lawsuit against the physician and the medical facility, alleging that had she been correctly informed of her fertility status in 2018, she would have pursued fertility treatments earlier and had a significantly greater likelihood of conception. The plaintiff named a qualified medical expert to support her claims regarding the breach of the standard of care and causation.
Preclusion of Expert Testimony in Medical Malpractice Cases
On appeal, the court examined whether the plaintiff’s expert testimony was improperly excluded by the trial court, which had granted the defendants’ motion to preclude the testimony under Maryland’s Daubert-Rochkind standard. Under this framework, expert testimony must be based on reliable scientific methods and principles.
The court determined that the trial court erred in excluding the plaintiff’s expert testimony. The court emphasized that expert testimony is essential in medical malpractice claims, particularly when evaluating whether a physician’s failure to diagnose a condition directly resulted in harm. The expert, a reproductive endocrinologist, relied on established medical literature and data regarding ovarian reserve decline and the effectiveness of early fertility interventions. The appellate court found that the expert’s methodology met the Daubert-Rochkind standard and that the trial court had improperly excluded it.
Further, the court assessed whether the plaintiff presented sufficient evidence to establish causation—specifically, the delay in diagnosis significantly reduced her chances of a successful pregnancy. The court found that medical studies supported the expert’s opinion that had the plaintiff been referred for fertility treatment earlier, she would have had a substantially higher probability of achieving a live birth. The court concluded that excluding the expert’s testimony deprived the plaintiff of the ability to present her case and ruled that the matter should proceed to trial.
As such, the court vacated the summary judgment ruling in favor of the defendants and remanded the case for further proceedings, allowing the plaintiff to present her claims with the support of expert testimony.
Speak with a Skilled Baltimore Medical Malpractice Attorney Today
Timely diagnosis and proper medical guidance are critical in fertility-related cases, and a physician’s failure to provide accurate information can have lasting consequences. If you believe you have suffered harm due to a misdiagnosis or failure to diagnose a medical condition, legal recourse may be available. At Arfaa Law Group, our experienced Baltimore medical malpractice attorneys are dedicated to advocating for patients who have been harmed by negligent medical care. Contact our office at (410) 889-1850 or complete our online form to schedule a consultation and discuss your legal options.