Is a Delayed Cancer Diagnosis Medical Malpractice?

 Posted on March 26, 2025 in Medical Malpractice

A timely cancer diagnosis is critical for effective treatment and improving a patient’s survival rate. When a doctor fails to promptly diagnose cancer, the consequences can be life-threatening, leaving patients wondering if they have grounds for a medical malpractice claim.

State law requires those pursuing a malpractice claim to follow specific legal procedures. Under Maryland Courts and Judicial Proceedings Code § 3-2A-04, patients must submit a certificate of a qualified expert within 90 days of filing their claim. This certificate must confirm that the healthcare provider failed to meet the standard of care and that it directly caused the patient's injury. If you need help navigating this process, a Maryland medical malpractice attorney can help you understand the legal requirements and build a strong case for the compensation you deserve.

How Does Maryland Law Address the "Standard of Care"?

The "standard of care" is an essential concept in Maryland's medical malpractice law. It defines the level of treatment, skill, and diligence a competent healthcare provider would deliver in a similar situation. For cancer diagnosis, this standard typically includes:

• Ordering appropriate screening tests based on symptoms, age, and risk factors

• Correctly interpreting test results and imaging studies

• Making appropriate referrals to specialists

• Following up on concerning symptoms or test results

• Effectively communicating with patients about their symptoms and possible diagnoses

What Must Patients Prove in a Delayed Cancer Diagnosis Case?

To succeed in a medical malpractice claim involving delayed cancer diagnosis in Maryland, you must demonstrate four key elements:

• The doctor was responsible for providing proper care because they were treating you

• The doctor did not follow the standard of care by exhibiting negligence

• This breach directly caused harm

• You were harmed as a result

Proving causation is particularly challenging in cancer cases. You will need to show that the delay in diagnosis, not just the cancer itself, caused you additional harm. This harm might include requiring more aggressive treatment or reducing your chances of survival.

When Should Patients Consider Legal Action?

If you believe your cancer diagnosis was negligently delayed, timing is crucial for pursuing justice. You should consider consulting with an attorney if your doctor dismissed symptoms without proper testing, test results were misinterpreted or not communicated, referrals to specialists were delayed, or your cancer was misdiagnosed as a less serious condition. These situations may show that your doctor failed to provide proper care, which could form the basis of a legitimate claim.

It is vital to act promptly if you suspect medical negligence, as Maryland has a specific statute of limitations. Generally, it is five years from the injury date or three years from when the injury was discovered, whichever comes first.

Contact a Washington County, MD Medical Malpractice Lawyer

If you believe your cancer diagnosis was delayed due to medical negligence, consulting with a knowledgeable attorney early in the process can help preserve your legal rights. A Williamsport, MD medical malpractice lawyer at Serafini Law will advocate for the compensation you need for your pain and suffering. With more than 10 years of legal experience, Attorney AJ Serafini will handle your case with the care it deserves. Call 240-744-1600 to learn more in a free consultation.