Trials in Failure to Diagnose Cancer Cases

People throughout Maryland routinely seek care from physicians with the expectation that if they present to a doctor with symptoms of a grave illness, the doctor will conduct the tests necessary to provide them with an accurate diagnosis. Tragically, however, physicians sometimes fail to take the measures necessary to protect their patients’ health and fail to diagnose them with life-threatening conditions like cancer. People harmed by such oversights will often pursue medical malpractice claims against the parties responsible for their harm. While many cases arising out of the failure to diagnose cancer settle, some can only be resolved via trial. As such, it is important for anyone considering pursuing such claims to understand what to anticipate should the case go to trial. The skilled Baltimore medical malpractice attorneys of Arfaa Law Group are proficient at navigating the challenges that arise in trials in failure to diagnose cancer cases, and if you engage our services, we will fight tirelessly on your behalf.

In trials in failure to diagnose cancer cases, plaintiffs bear the burden of proving the defendant’s fault. To do so, a plaintiff typically must show that the defendant’s failure to offer a timely diagnosis constitutes negligence. To prove negligence in Maryland, the plaintiff must prove that the defendant owed them a duty to abide by the standard of care, which is defined by the care that a competent doctor presented with the same scenario would offer.

The plaintiff then has to show that the defendant breached this duty by proving that the defendant’s behavior deviated from what a competent medical professional would have done under similar circumstances. Finally, the plaintiff must establish that they suffered actual harm due to the defendant’s breach. Expert testimony is often required to establish the appropriate standard of care, how the defendant’s actions fell short, and to demonstrate causation.

In addition to expert testimony, a plaintiff in a trial in a failure to diagnose cancer case will typically present evidence such as medical records and statistical data to show that an earlier diagnosis would have led to more effective treatment options, an improved prognosis, and better long term health and quality of life, depending on the stage and type of cancer.

Defendants, on the other hand, will often counter by asserting that the cancer was already at an advanced stage or aggressive type at the time of diagnosis, minimizing the impact of any alleged delay. They may also argue that the healthcare provider followed reasonable protocols or that the cancer’s progression was inevitable despite earlier detection. Thus, whether a judge or jury finds in favor of the plaintiff or defendant often depends on which party’s evidence is more compelling.

A plaintiff presenting their case at trial must also quantify their damages, which usually requires an expert opinion on the progression of the disease, the reasonableness of the treatment they underwent, and what treatment they will need going forward. Many plaintiffs will also present testimony regarding the emotional and mental impact of the defendant’s failure to diagnose cancer. Plaintiffs who successfully establish the defendant’s liability and the damages it caused can recover compensation for their economic harm, like the cost of any necessary medical care, lost wages, and out-of-pocket expenses, and non-economic harm, like emotional distress, suffering, and pain.

Trials in failure to diagnose cancer cases are often legally complex and emotionally charged, and it is important for anyone who suffered harm due to a doctor’s failure to identify a malignancy to understand what to expect if they proceed with litigation. If you have questions about your rights with regard to pursuing claims against a negligent healthcare provider, it is smart to speak with an attorney as soon as possible. The capable Baltimore medical malpractice attorneys of Arfaa Law Group can inform you of your rights and offer you advice regarding what measures you can take to protect your interests. Our office is located in Baltimore, and we regularly represent people in the pursuit of damages in medical malpractice lawsuits throughout the city. You can contact us at 410-889-1850 or through our online form to arrange a conference.