A misdiagnosis or delayed diagnosis becomes medical malpractice in Maryland when a doctor or other health care provider fails to diagnose a condition the way a reasonably competent provider would have, and that failure causes the patient harm. A wrong diagnosis or a bad outcome alone isn’t enough. The patient must show both that the provider departed from the standard of care and that the error changed what happened, such as allowing a cancer to spread or a stroke to cause lasting damage.
At Schlachman, Belsky, Weiner & Davey, P.A., our medical malpractice attorneys help Maryland patients and families understand whether a diagnostic error may support a claim and how Maryland’s special filing rules apply. We review the records, work with qualified medical experts, and explain your options clearly.
Contact Schlachman, Belsky, Weiner & Davey, P.A. at (410) 685-2022 for a free consultation.
When a Diagnostic Error Becomes Medical Malpractice
Medicine involves uncertainty, and some conditions are genuinely difficult to diagnose. Maryland law doesn’t hold providers responsible for every missed or late diagnosis. A diagnostic error becomes malpractice when a provider’s conduct falls below the accepted standard of care for their specialty, and that departure is the proximate cause of the patient’s injury.
In practical terms, the question is whether a reasonably careful provider in the same field, facing the same symptoms, history, and test results, would have reached the correct diagnosis sooner or taken steps that would have revealed it. If so, and if the delay led to a worse outcome, the patient may have a claim. Because both parts require expert analysis, these cases depend heavily on medical records and qualified expert review.
Common Misdiagnosis and Delay Scenarios
Diagnostic error claims often arise in a handful of recurring situations, including:
- Cancer: Breast, colon, lung, skin, and other cancers missed during screening or dismissed as benign, allowing the disease to advance to a less treatable stage.
- Heart attack: Chest pain or other cardiac symptoms attributed to anxiety, indigestion, or muscle strain, especially in women and younger patients.
- Stroke: Symptoms like dizziness, headache, or speech changes misread in the emergency department, delaying time-sensitive treatment.
- Infections and sepsis: Signs of serious infection overlooked until the patient deteriorates.
- Pulmonary embolism and blood clots: Shortness of breath or leg swelling not investigated with appropriate testing.
- Pregnancy and newborn conditions: The most common complications are preeclampsia or newborn infections, but several other conditions are also common due to medical error.
Whether any of these situations amounts to malpractice depends on the specific facts, the provider’s specialty, and what the medical records show, so each case should be reviewed by counsel and qualified experts.
Proving the Medical Standard of Care
A diagnostic error claim must be supported by testimony from a qualified medical expert who can explain what a reasonably competent provider would have done and how the defendant’s care fell short. A poor outcome, by itself, isn’t evidence of negligence. Experts typically focus on a few common failures.
Failure to Order or Interpret Testing
A provider may fail to order a test that the patient’s symptoms or risk factors called for, such as imaging for a suspicious lump or cardiac testing for chest pain. In other cases, the test is ordered but misread, for example when a radiologist misses a visible mass or a pathologist misinterprets a biopsy. Experts compare what was ordered and how it was read against what the standard of care required.
Failure to Follow Up on an Abnormal Result
An abnormal lab result, imaging finding, or pathology report may never reach the patient, may not be acted on, or may fall through the cracks between providers. These communication failures can be especially important in cancer cases, where a finding that sits unaddressed for months can change the course of the disease.
Failure to Refer or Escalate Care
Primary care providers, urgent care clinicians, and emergency physicians are often expected to recognize when a patient needs a specialist or a higher level of care. Failing to refer a patient to an oncologist, cardiologist, or neurologist, or discharging a patient from the emergency department when admission was needed, can support a claim when it delays the correct diagnosis.
Showing What the Delay or Error Changed
Proving that a provider made a mistake is only half of the case. The patient must also prove causation, meaning the error made a real difference in the outcome. Maryland courts generally require proof that, more likely than not, a timely diagnosis would have led to a better result. In a cancer case, for example, an expert may explain how the tumor’s size and spread at the time of the missed diagnosis compare with its stage when it was finally found, and how that change affected treatment options and survival. This causation analysis is often the most contested part of a diagnostic error case and should be reviewed carefully by counsel.
Maryland’s Special Malpractice Filing Process
Maryland requires most medical malpractice claims to begin with the Health Care Alternative Dispute Resolution Office (HCADRO) rather than in court. Under Maryland Courts and Judicial Proceedings § 3-2A-04, the claim is filed with the Director of HCADRO, and the claimant must file a certificate of a qualified expert within 90 days. The certificate must attest that the provider departed from the standards of care and that the departure was the proximate cause of the injury, with the expert’s report attached.
If the certificate isn’t filed on time, the claim must be dismissed without prejudice, though extensions may be available in limited circumstances, including for good cause. The statute also restricts who can serve as an expert. A certifying expert may not have devoted more than 25% of their professional activities in the prior 12 months to testifying in personal injury claims. In many cases, the parties then waive arbitration and move the case to circuit court.
Damages and Filing Deadlines
Under Maryland Courts and Judicial Proceedings § 5-109, a medical malpractice claim must generally be filed within the earlier of five years from when the injury was committed or three years from when it was discovered. Filing a claim with HCADRO counts as filing the action. For children injured before age 11, the deadline generally doesn’t begin running until age 11, with special rules for injuries to the reproductive system or from objects left in the body. Diagnostic error cases can raise difficult questions about when an injury was “committed” and “discovered,” so these dates should be analyzed early.
Damages may include medical expenses, lost wages, future care, and pain and suffering. Maryland caps noneconomic damages, such as pain and suffering, in medical malpractice cases. The cap depends on the year the cause of action arose and is $920,000 for causes of action arising in 2026, increasing by $15,000 each January 1. Economic damages, such as medical bills and lost earnings, aren’t capped.
How Schlachman, Belsky, Weiner & Davey, P.A. Can Help
Since 1979, Schlachman, Belsky, Weiner & Davey, P.A. has represented injured people throughout Maryland, from offices in Baltimore, Upper Marlboro, and Salisbury. Our medical malpractice attorneys work with qualified experts to review your records, identify where care fell short, and determine whether the delay changed your outcome. We also handle the procedural requirements of Maryland’s HCADRO process so deadlines and certificate requirements are met.
Our firm is large enough to support complex cases and small enough to give every client personal attention. Clients can expect quick responses to calls and emails, and many have their attorney’s cellphone number. Every case is different, and no outcome can be promised, but we’ll give you an honest assessment of your options.
Contact Schlachman, Belsky, Weiner & Davey, P.A. at (410) 685-2022 to discuss your situation.
Frequently Asked Questions
What is the most important rule to know about Maryland misdiagnosis malpractice?
You must prove both that the provider departed from the standard of care and that the error caused your harm. Maryland also requires a certificate from a qualified expert within 90 days of filing the claim with HCADRO. Without expert support on both negligence and causation, a claim generally can’t proceed.
What evidence or documents should I preserve?
Keep copies of your medical records, test results, imaging reports, appointment summaries, patient portal messages, and bills. Write down a timeline of symptoms, appointments, and what providers told you. Your attorney can request complete records from each provider.
What deadline or next step should I verify first?
Confirm the filing deadline under § 5-109, which is generally the earlier of five years from the injury or three years from discovery, with special rules for children. Because diagnostic error cases can make these dates difficult to pin down, have an attorney review the timeline as soon as possible.
