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Failure to Diagnose Cases and Misdiagnosis Cases
Failure to diagnose cases and misdiagnosis cases frequently involve the failure to diagnose cancer or a misdiagnosis of cancer.
The early detection of cancer is critical for successful treatment, increased survival rates, and the quality of life for patients who have cancer.
The preventable progression of cancer due to a delayed diagnosis or misdiagnosis endangers the patient and results in more radical treatment, including increased dosages of radiation and chemotherapy which are painful and can cause other problems to the patient.
The patient suffers unnecessarily for the avoidable mistake of the medical provider had there been proper detection of the cancer in its early stages.
The types of cancer which frequently fail to be diagnosed or are misdiagnosed include Breast cancer, Brain cancer, Lung cancer, Ovarian cancer, Cervical cancer, Melanoma, Thoracic cancer, Prostate cancer, Colon cancer, Rectal cancer, and Pancreatic cancer.
Many types of cancer are can be successfully treated with a proper and early diagnosis. When detected in its early stages, there are particular forms of cancer that may respond well to early treatment, including Breast Cancer, Lung Cancer, Prostate Cancer, Colon Cancer, Ovarian Cancer, Cervical Cancer, Testicular Cancer, and Kidney Cancer.
The leading reasons that Doctors fail to diagnose Cancer or misdiagnose the Cancer include:
1. A failure to identify an obvious lump during an examination;
2. Misdiagnosing a tumor as benign;
3. Mistaking a tumor for an infection;
4. Failing to recognize the common symptoms of the type of cancer;
5. Failing to order diagnostic tests such as x-rays, CT scans, and MRI’s;
6. Failing to properly order, read or evaluate test results, such as Mammograms, Biopsies, Pap Smears, and MRI’s;
7. Failing to order additional tests and treatment; and
8. Failing to follow up on test results with the patient.
In Maryland, compensation for the injuries caused by medical negligence includes an award of both economic damages and non-economic damages. Economic damages include medical expenses and lost wages from any loss of earnings. Non-economic damages include pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium (which means the loss of society, affection, assistance, and conjugal fellowship, and includes the loss or impairment of sexual relations), and other non-monetary injury.
If the medical malpractice caused the death of the patient, the Non-economic damages for wrongful death include mental anguish, emotional pain and suffering, loss of companionship, loss of society, loss of comfort, loss of protection, loss of care which includes marital care, parental care, filial (son or daughter) care, loss of attention, loss of advice, loss of counsel, training, guidance, or education, and other non-economic damages under Maryland law, Courts and Judicial Proceedings, § 11-108.
As part of the verdict in any action for damages for personal injury or for wrongful death, the Jury or Trier of Fact must itemize the award to reflect the monetary amount intended for each of the following damages: (1) Past medical expenses;(2) Future medical expenses;(3) Past loss of earnings;(4) Future loss of earnings;(5) Non-economic damages; and (6) Other damages.
Medical Malpractice cases in Maryland are complicated and have many nuances which can affect whether you may recover for the injuries and losses caused by the medical provider’s negligence.
My Firm knows and understands the dynamics of these cases and is well-versed in the many aspects of these types of medical negligence cases. I will provide the level of expertise and sensitivity that is needed to handle these types of cases properly.
You can also protect your case by reading my Free Medical Malpractice Fact Book.