You trust your doctor to identify what’s wrong, help you heal, and not make things worse. But what happens when they misdiagnose your condition, causing delays in treatment, worsening symptoms, or even life-threatening consequences?
Are you asking yourself, Can you sue a doctor for misdiagnosis? The answer is yes, under certain circumstances.
At Brockstedt Mandalas & Federico, we understand how devastating it can be to realize that a trusted healthcare provider’s error led to your suffering. Our Maryland-based legal team is here to guide you through your options and fight for the compensation you deserve.
The Problem: Misdiagnosis Can Change—or End—a Life
Misdiagnoses are more common than many people think. According to a 2023 study published in BMJ Quality & Safety, an estimated 371,000 people die annually in the U.S. due to diagnostic errors. These errors also result in serious harm to hundreds of thousands more.
A misdiagnosis may involve:
- Failing to diagnose a serious condition like cancer or stroke,
- Diagnosing the wrong illness entirely, or
- Delaying a correct diagnosis due to overlooked symptoms.
When a misdiagnosis causes harm, the legal system may consider it medical malpractice.
Brockstedt Mandalas & Federico Is Here to Help
We know how confusing and painful it can be to process being harmed by a healthcare provider. You may be wondering:
- Can you sue a doctor for a misdiagnosis?
- How long do you have to sue for misdiagnosis in Maryland?
- What kind of compensation can you expect?
We’ve helped many clients get answers to these questions and recover compensation for their pain, suffering, and financial losses.
Can You Sue a Doctor for Misdiagnosis?
Yes. You can sue a doctor for misdiagnosis if the misdiagnosis resulted from negligence and caused you harm. However, not every incorrect diagnosis automatically qualifies as malpractice.
To file a successful claim, you must show:
- A doctor-patient relationship existed,
- The doctor acted negligently by failing to meet the accepted standard of care,
- The negligence caused you harm, and
- The resulting harm caused you damages.
At Brockstedt Mandalas Federico, our skilled medical malpractice attorneys work with medical experts to evaluate whether your physician’s conduct fell below the professional standard of care. We also assess how that failure impacted your health, finances, and future.
How Long Do You Have to Sue for Misdiagnosis?
In Maryland, the statute of limitations for medical malpractice claims is generally five years from the date of injury or three years from the date the injury was discovered, whichever comes first.
Timing is critical. If you suspect a misdiagnosis occurred, don’t wait. The sooner you contact an attorney, the better your chances of preserving crucial evidence and building a strong case.
Can You Sue If a Doctor Misdiagnosed You?
Yes. You can sue if a doctor misdiagnoses you, but proving that their error caused actual harm is essential. For example, if a doctor misdiagnosed your stroke as a migraine and denied you immediate care, leading to long-term disability, that may be grounds for a claim.
Every case is unique. That’s why our attorneys take the time to understand the facts of your situation, including any pre-existing conditions, your medical history, and the consequences of the misdiagnosis.
How Much Can You Sue a Doctor for Misdiagnosis?
Many of our clients ask, How much can you sue a doctor for misdiagnosis? The answer depends on the facts of your case. Maryland law allows medical malpractice victims to recover economic and noneconomic damages.
Economic damages are those damages that are quantifiable or can be easily calculated, such as:
- Medical bills,
- Lost wages,
- Loss of household services, and
- Future care needs.
Noneconomic damages, however, are damages that are more difficult to determine. They can be more subjective and take into account:
- Pain and suffering,
- Emotional distress, and
- Loss of enjoyment of life.
In Maryland, noneconomic damages in medical malpractice cases are capped by law. As of 2025, this cap is $905,000 and increases by $15,000 each year. However, there is no cap on economic damages, and in cases involving wrongful death with multiple beneficiaries, the cap may be higher.
What’s Next? Let Our Trial-Tested Malpractice Lawyers Help
When you’re dealing with a complex medical issue and a potentially negligent diagnosis, you deserve a team that understands both the legal and medical intricacies of your case.
At Brockstedt Mandalas & Federico, we offer:
- Decades of experience in medical malpractice litigation,
- Access to top-tier medical experts,
- A commitment to individualized service and support, and
- Results-driven strategies tailored to your needs.
We have helped our clients recover for pain and suffering, lost income, and the lifelong effects of medical errors. We will fight to ensure you receive every dollar you are entitled to.
Consult a Skilled Medical Malpractice Attorney Today
If you’re wondering if you can sue a doctor for misdiagnosis, we encourage you to contact us for a free consultation. Our compassionate legal team is ready to review your case, explain your rights, and help you determine the best path forward.
We take complex and challenging medical malpractice cases seriously, and we’re confident that we can help you secure the compensation you deserve.
Contact Brockstedt Mandalas & Federico today to speak with a Maryland medical malpractice attorney who is ready to help you find answers, accountability, and justice.
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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