Misdiagnosis in Maryland
Average Settlement: $300,000 - $900,000 | Statute: 3 years from the date of the injury, or 5 years from the date of the negligent act, whichever is earlier
About Misdiagnosis
Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient's condition, leading to inappropriate treatment or no treatment at all. This is one of the most common forms of medical malpractice and can result in disease progression, unnecessary procedures, or harmful medications. Cancer misdiagnosis is particularly devastating, as delayed treatment can mean the difference between a curable and terminal prognosis.
Maryland Medical Malpractice Laws
Statute of Limitations
3 years from the date of the injury, or 5 years from the date of the negligent act, whichever is earlier
Damage Cap
Approximately $890,000 non-economic damages (increases by $15,000 each year; applies per claim regardless of number of defendants)
Discovery Rule
Maryland applies the discovery rule, beginning the statute when the patient discovers or should have discovered the injury, subject to the 5-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file a certificate of qualified expert and an expert report within 90 days of filing the complaint.
Common Examples of Misdiagnosis
- •Diagnosing a malignant tumor as benign
- •Misidentifying a heart attack as acid reflux or anxiety
- •Confusing symptoms of stroke with migraine or vertigo
- •Incorrectly diagnosing an infection, leading to wrong antibiotic treatment
- •Failing to identify cancer on imaging studies such as mammograms or CT scans
- •Misdiagnosing autoimmune conditions as psychological disorders
Key Facts
- ✓Studies indicate that diagnostic errors affect approximately 12 million adults in the United States each year in outpatient settings
- ✓To prove misdiagnosis, the plaintiff must show that a competent physician in the same specialty would have correctly identified the condition under the same circumstances
- ✓Medical records documenting the patient's reported symptoms, test results, and the physician's reasoning are essential to building a misdiagnosis case
- ✓Misdiagnosis claims often require demonstrating that the correct diagnosis was on the physician's differential diagnosis list but was improperly ruled out
- ✓The damages in misdiagnosis cases are measured by the difference in outcome between what occurred and what would have happened with a timely, correct diagnosis
- ✓Radiology and pathology misreads are among the most clear-cut misdiagnosis cases because the evidence is preserved in images and slides
- ✓Maryland's non-economic damages cap increases by $15,000 each year and applies per claim, not per defendant.
- ✓A certificate of qualified expert and an expert report must be filed within 90 days of filing the complaint.
- ✓Maryland follows a contributory negligence standard — any fault on the plaintiff's part may bar recovery entirely.
- ✓Claims must be filed with the Health Claims Alternative Dispute Resolution Office before proceeding to circuit court.
- ✓Punitive damages require actual malice or conduct so egregious as to amount to malice.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Maryland.