A trip to the emergency room is often a response to a crisis: chest pain, a head injury, or sudden difficulty breathing. Patients rely on emergency room doctors to make quick, accurate decisions in those moments. But what happens when the diagnosis is wrong and the consequences are serious? Can you sue for an emergency room misdiagnosis when a mistake is made? This guide explains how misdiagnosis claims work in Maryland, what you must prove, and how much time you have to act.
Understanding Emergency Room Misdiagnoses
Emergency room staff work under intense pressure, often making rapid decisions with limited information. While not every mistake is grounds for a lawsuit, specific errors go beyond acceptable limits and may qualify as medical negligence. Common emergency room misdiagnosis issues include:
- Failure to recognize signs of a stroke or heart attack,
- Misinterpreting test results or failing to order appropriate imaging,
- Dismissing serious symptoms as minor or unrelated, and
- Delays in diagnosis that cause a condition to worsen.
When these mistakes cause preventable harm, the patient or their family may have the right to pursue legal action.
Can You Sue for an Emergency Room Misdiagnosis in Maryland?
You can sue for an emergency room misdiagnosis in Maryland, but only under specific conditions. The state allows medical malpractice claims when a healthcare provider breaches the standard of care and causes injury or harm. To succeed in a malpractice case, you must typically prove:
- A provider-patient relationship existed;
- The care you received fell below the accepted medical standard;
- That substandard care caused your injury or worsened your condition; and
- You suffered measurable damages, including physical, emotional, or financial.
If your emergency room visit resulted in serious consequences because of a misdiagnosis, a legal claim may help you recover compensation for medical costs, lost income, pain and suffering, and long-term care needs.
How Long Do You Have to Sue for Misdiagnosis?
Maryland applies a unique time limit on medical malpractice cases, including misdiagnosis claims. The deadline to file a lawsuit is the earlier of:
- Five years from the date of the injury; or
- Three years from when the injury was discovered (or should have been discovered).
If the misdiagnosis was immediately apparent, for example, you were told you had indigestion but suffered a heart attack hours later, you likely have just three years from that date to take legal action. Suppose your condition or the link to the misdiagnosis becomes clear later. You may still have time in that case, but the window closes five years after the incident.
What Makes a Misdiagnosis Lawsuit Valid?
Not every bad outcome leads to a lawsuit. Your case needs to meet certain legal thresholds to build a strong claim. Here are some key elements of a valid emergency room misdiagnosis case:
- Duty of care. You were treated by a hospital staff member (doctor, nurse, radiologist) with a legal obligation to provide care.
- Breach of duty. That person failed to act as a reasonably competent medical professional would have under similar circumstances.
- Causation. The mistake directly caused or contributed to your injury or worsened your condition.
- Damages. You suffered quantifiable harm, such as prolonged illness, additional surgeries, lost wages, or emotional trauma.
These cases often require testimony from a qualified medical expert who can explain how the care you received deviated from accepted standards.
What to Expect If You File a Misdiagnosis Lawsuit
Filing a medical malpractice claim for an emergency room misdiagnosis may sound overwhelming, but understanding the process can make it feel more manageable. These cases often involve complex facts and require coordination between legal and medical professionals, but they follow a fairly structured path.
Here’s what you can generally expect:
- Investigation and record review. Your attorney will gather your medical records, speak with you about your care, and consult medical experts to determine whether the emergency room staff deviated from the standard of care.
- Certificate of a qualified expert. Maryland law requires plaintiffs to file a certificate of a qualified medical expert within 90 days of the defendant’s response. This statement affirms that your care likely fell below accepted medical standards.
- Discovery phase. Each side exchanges information, conducts depositions, and gathers expert testimony to support their claims or defenses.
- Settlement or trial. Many misdiagnosis cases are resolved through negotiation, especially when liability is clear. If a settlement isn’t possible, the case may proceed to trial, where a judge or jury decides the outcome.
While every case is different, having a legal team that understands both the law and the medicine behind your claim can significantly affect how the process unfolds and how confident you feel navigating it.
When to Contact a Lawyer
Proving a misdiagnosis case is rarely straightforward. Hospitals and providers often defend these cases aggressively. They may argue that your symptoms were unclear, other factors caused your condition, or that no harm occurred due to the delay. A seasoned attorney can help cut through the noise, obtain records, and build a case backed by facts and credible medical opinions.
Why Patients Trust Brockstedt Mandalas Federico
At Brockstedt Mandalas Federico, we’re known for taking on tough hospital negligence cases, including misdiagnoses, and securing meaningful results for our clients. Our attorneys have handled some of the region’s most complex and high-profile malpractice claims. We bring courtroom experience, medical insight, and an unwavering commitment to holding negligent providers accountable. Clients trust us because of our track record and because we listen, explain every step, and fight for them like family.
Take the First Step Toward Justice Today
Are you still wondering, Can you sue an emergency room for misdiagnosis? The answer may be yes, but timing and preparation are key. Don’t wait for answers. Contact Brockstedt Mandalas Federico today to speak with a team that understands what you’re going through and has the tools to take action.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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