You trusted your doctor to recognize the warning signs. You followed the instructions and showed up for appointments. You waited for answers. Eventually, the correct diagnosis arrived, but the situation had changed by then. The condition may have advanced, treatment options may have narrowed, and recovery may have become far more difficult than it needed to be.
Delayed diagnosis medical negligence impacts both care and outcome. Providers who miss vital signs or delay action leave patients facing fewer choices, more invasive procedures, and complications that timely care might have prevented. This type of failure can leave individuals and families dealing with consequences that never should have reached that point.
Below, we cover how delayed diagnosis happens, what legal action involves under Maryland law, and how our team builds strong, clear cases for those affected by serious delays in medical care.
What Qualifies as a Delayed Diagnosis?
Delayed diagnosis occurs when a healthcare provider fails to diagnose a condition when the symptoms, test results, or findings already point to it. In Maryland, doctors, nurses, and other licensed providers must deliver care that aligns with accepted medical practices. When providers fail to meet the standard of care and allow the condition to worsen, their delay may constitute medical negligence.
This usually happens when:
- A provider disregards early warning signs,
- A radiologist misreads an image,
- A physician fails to order tests,
- A physician fails to follow up on abnormal test results, or
- A patient is not referred for further testing or consultation.
In every case, timing matters, and so does the reason behind the delay. A provider who diagnoses a condition too late may require the patient to undergo more invasive treatment, face a more advanced disease stage, or live with permanent health issues that timely care could have prevented.
Delayed Diagnosis Examples
We have handled a range of delayed diagnosis lawsuits. Patterns emerge across specialties, hospitals, and providers. Common examples include:
- Cancer. Breast, lung, colon, and prostate cancers are frequently misdiagnosed or dismissed in early stages, leaving patients with fewer treatment options by the time a correct diagnosis is made.
- Infections. Bacterial infections can spread quickly when misdiagnosed as viral illnesses, sometimes leading to sepsis or organ damage.
- Pediatric conditions. Young children with rare but treatable disorders are often misdiagnosed with routine illnesses, delaying critical interventions.
- Autoimmune disorders. Patients reporting fatigue, pain, or swelling are sometimes told their symptoms are stress-related, while underlying inflammatory diseases go untreated.
In each of these delayed diagnosis examples, the delay worsens the physical condition and reduces or eliminates the benefit of timely intervention.
Is There a Time Limit to File a Delayed Diagnosis Claim in Maryland?
Maryland law allows patients to file a claim within five years of the injury or three years of discovering it, whichever period expires first.
For minors, the timeline works differently. Maryland courts have ruled that the statute of limitations for medical malpractice does not begin to run until the child reaches the age of 18. This exception allows families more time to act on a delayed diagnosis that affected a child, but does not extend the five-year statute of repose.
Early legal review is essential because the clock may begin running before a patient knows the full extent of the harm.
What to Expect in a Delayed Diagnosis Lawsuit
Each case starts with a review of the medical records and facts. A delayed diagnosis lawsuit must show that a provider breached the standard of care and that the delay caused measurable harm. Depending on how the condition progresses, that harm might be physical, emotional, or financial.
Brockstedt Mandalas Federico works with leading medical experts to assess whether the care provided was in line with accepted practices. We gather and evaluate records, imaging, test results, and timelines to build a case grounded in medical and legal merit.
We prepare every case for trial, which gives us the leverage needed to represent our clients from a position of strength. Our attorneys have led some of Maryland’s largest medical negligence cases and are known for our courtroom experience and case preparation.
Why This Matters for Maryland Patients
Delayed diagnosis medical negligence affects patients of every age, background, and health status. For many, the damage is permanent. A late-stage cancer diagnosis, an untreated infection, or organ failure removes the opportunity for providers to deliver the care patients should have received.
Pursuing a claim isn’t about assumptions or hypotheticals. It’s about answering the question: Would earlier care, consistent with medical standards, have changed the course of the condition?
At Brockstedt Mandalas Federico, we know how to evaluate that question. We take a precise and disciplined approach to every delayed diagnosis case. Our team brings decades of experience, and we understand how to present these cases with clarity and impact.
Contact a Maryland Medical Negligence Lawyer Today
When a delayed diagnosis leads to permanent harm, the consequences are not just physical—they affect every aspect of a person’s life. We take those situations seriously.
Brockstedt Mandalas Federico is based in Maryland and recognized across the region for our results in medical malpractice litigation. Our attorneys understand the standard of care required by Maryland law and know how to challenge providers who failed to meet it.
To speak with a medical malpractice lawyer, contact us directly. We will review your potential claim and explain how Maryland law may apply to your case.
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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