When you seek medical attention, you trust that your care will be prompt and appropriate. But what happens when a delayed treatment causes serious harm or worsens your condition? Many people in Maryland wonder, Can I sue for medical negligence if my care was delayed?
The short answer is yes: In some cases, you can sue if delayed treatment caused an injury that would likely have been avoided with timely care. However, proving this type of medical negligence requires meeting specific standards under Maryland law.
At Brockstedt Mandalas Federico LLC, our attorneys have decades of experience helping patients and families hold hospitals and healthcare providers accountable when they fail to provide prompt, proper care. Here is what you need to know about delayed treatment and medical negligence cases in Maryland.
What Is Considered Delayed Treatment?
A negligent delay in treatment occurs when a healthcare provider fails to diagnose, treat, or manage a patient’s condition within the appropriate timeframe, leading to unnecessary harm. It can happen in many ways, such as:
- Lack of necessary testing,
- Belated diagnosis of a serious illness,
- Failure to communicate test results promptly,
- Suspension of treatment after diagnosis,
- Delayed emergency room triage or treatment,
- Late surgical intervention for conditions requiring immediate care, and
- Postponement of patient transfer to a facility equipped to provide necessary care.
When the delay of care causes additional injury or worsened prognosis (including death) beyond what would have occurred with prompt treatment, a medical negligence claim may arise.
Legal Standard: What You Must Prove
To succeed in a delayed treatment medical negligence case in Maryland, the law requires proving:
- The healthcare provider owed a duty of care to the patient. You can establish this if the provider treated you or was responsible for your care.
- The provider breached that duty. You must show that the failure to treat patients promptly violated accepted medical standards. For example, an emergency room doctor who failed to treat a stroke or heart attack within established critical timeframes may have breached their professional standard of care.
- The breach caused harm. You must prove that the delay, rather than the underlying illness, directly caused additional harm or worsened outcomes.
- You suffered damages. These may include additional medical expenses, lost income, pain and suffering, disability, or wrongful death.
Establishing these elements typically requires expert medical testimony explaining how the consequences of delaying medical care affected the adverse health outcome.
Common Scenarios Involving Harm from Delayed Care
Some of the most tragic cases we see at Brockstedt Mandalas Federico involve delays in diagnosing or treating serious conditions, including:
- Infections. Delays in diagnosis or antibiotic treatment can allow infections like sepsis or meningitis to spread, causing organ failure or death.
- Heart attacks. Failure to recognize symptoms or delays in emergency treatment can result in permanent heart damage or death.
- Birth injuries. Delayed response to signs of fetal distress during labor can lead to brain injury, cerebral palsy, or stillbirth.
- Cancer. Delay in diagnosing cancer may allow the disease to progress to an untreatable stage.
- Traumatic injuries. Delayed treatment of internal bleeding or fractures can lead to permanent disability or death.
If you or your loved one experienced harm due to one of these or another delay in care, it is critical to seek legal guidance promptly.
Can You Sue a Hospital for Waiting Too Long to Provide Care?
Yes, if the delay was due to negligence that caused injury.
Hospitals can be held liable for:
- Inadequate staffing or supervision,
- Emergency room crowding without proper triage,
- Poor communication between departments,
- Delays caused by equipment failures, and
- Failure to transfer the patient to an appropriate facility.
Likewise, individual doctors, nurses, or other providers can be named in a lawsuit if their actions caused or contributed to the delay.
Each case depends on specific facts, including whether the delay was unreasonable under the circumstances, violated accepted medical standards, and caused preventable harm.
How Maryland Law Affects Your Right to Sue
Maryland law imposes important procedural and substantive requirements for medical negligence lawsuits:
- Certificate of a qualified expert. Before filing suit, Maryland requires a certificate from a qualified medical expert stating that the defendants’ conduct did not meet the standard of care and caused the patient’s injuries.
- Statute of limitations. Under Maryland law, a medical malpractice lawsuit generally must be filed within the earlier of five years from the date of injury or three years from the date the injury was discovered. For minors, the statute of limitations begins to run on their 18th birthday.
- Damages cap. Maryland limits the amount of noneconomic damages, such as pain and suffering, that can be awarded in medical malpractice cases. The cap amount changes annually.
- Potential arbitration process. Medical malpractice claims in Maryland initially go through the Health Care Alternative Dispute Resolution Office. If you want to skip arbitration, you must file an official waiver within a specific timeframe.
Because these rules can be complex, it is essential to consult an experienced attorney as soon as possible if you suspect harm from delayed treatment.
How a Lawyer Can Help in a Delayed Treatment Case
At Brockstedt Mandalas Federico, we carefully investigate potential medical malpractice cases. Our team works with leading medical experts to determine whether:
- A timely diagnosis or treatment would likely have prevented the harm,
- The delay violated accepted standards of care,
- The hospital or provider is legally responsible, and
- Damages are sufficient to justify pursuing a case.
We also guide clients through Maryland’s detailed pre-suit requirements and work to hold negligent parties accountable through settlement or trial.
When to Speak with a Maryland Medical Malpractice Attorney
Not every medical delay amounts to negligence, and not every negative outcome is preventable. But if you experienced serious injury or loss and suspect that delayed treatment contributed to the outcome, you deserve answers.
Consider speaking with an attorney if:
- You experienced worsening symptoms or complications after a delay in diagnosis or treatment;
- You were harmed after being forced to wait hours or days for care in a hospital or ER;
- A loved one died following an unexplained or unjustified treatment delay; or
- Another doctor has told you the harm might have been avoided with faster care.
Our attorneys can review your situation, consult medical experts, and help you understand your legal options.
Contact Brockstedt Mandalas Federico LLC
When it comes to the failure to treat patients in a timely manner, the laws of Maryland provide a legal path for injured patients to pursue compensation—if negligence can be proven.
The attorneys at BMF possess extensive experience in handling complex medical negligence cases and have established a proven track record of achieving successful results for our clients. We also maintain long-standing relationships within Maryland’s medical malpractice community, giving us valuable insight and resources to support your case. Contact our office today to learn more about how we can help.
Resources:Maryland Code, Courts & Judicial Proceedings, § 3-2A-06B, link.
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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