In the days and months following a delayed or incorrect cancer diagnosis, it can be overwhelming to understand what went wrong and what comes next. A missed diagnosis, a false negative, or a healthcare provider telling you that you have the wrong type of cancer can change the course of treatment, and in some cases, the outcome itself. If you are facing these questions, you may be wondering whether a cancer misdiagnosis lawsuit is an option and what legal rights you or your family may have.
At Brockstedt Mandalas Federico, we help patients and families make sense of complex medical errors, including cancer misdiagnosis, and pursue accountability when preventable mistakes cause harm.
Key Takeaways: Cancer Misdiagnosis Lawsuits in Maryland
- A cancer misdiagnosis lawsuit in Maryland often focuses on whether the doctor or hospital failed to take reasonable steps to diagnose cancer when symptoms or test results warranted follow-up.
- Delayed diagnosis cases commonly turn on causation: how the delay changed the stage, treatment options, prognosis, or outcome.
- Key evidence usually includes the timeline of symptoms, imaging/lab results, referrals, pathology, and whether follow-up testing was ordered and acted on.
- Not every missed diagnosis is malpractice, but preventable delay that causes harm may justify a claim for compensation.
When a Cancer Diagnosis Goes Wrong
Cancer misdiagnosis can take many forms. In some cases, a doctor may fail to recognize clear warning signs. In others, test results may be misinterpreted, biopsies delayed, or follow-up care never ordered.
Misdiagnosis scenarios can include:
- A delayed cancer diagnosis that allows the disease to progress;
- A false negative test result that incorrectly rules out cancer;
- A misidentified cancer type, leading to ineffective or harmful treatment; and
- A false positive diagnosis resulting in unnecessary surgery or chemotherapy.
According to a widely cited study published in BMJ Quality & Safety, diagnostic errors affect an estimated 12 million adults in the United States each year, with cancers among the most commonly misdiagnosed serious conditions. These errors are not rare, and their consequences can be devastating.
How Cancer Misdiagnosis Harms Patients and Families
A delayed or incorrect diagnosis often means lost time. Cancer that could have been treated at an early, more manageable stage may spread, requiring more aggressive treatment and reducing survival chances. Patients may endure unnecessary pain, invasive procedures, emotional distress, and mounting medical bills, all because critical information was missed or mishandled.
Families are often left asking whether the outcome would have been different if the cancer had been diagnosed correctly and sooner. These are exactly the questions a thorough legal and medical investigation is designed to answer.
Can You Sue a Doctor for Misdiagnosis of Cancer?
Many people ask: Can you sue a doctor for misdiagnosis of cancer? The answer depends on whether the misdiagnosis resulted from medical negligence rather than a reasonable diagnostic challenge.
To succeed in a cancer misdiagnosis case, it must typically be shown that:
- A healthcare provider owed you a duty of care,
- That provider failed to meet accepted medical standards,
- The failure caused a delayed or incorrect diagnosis, and
- The delay or error resulted in measurable harm.
Not every missed diagnosis qualifies as malpractice. Medicine is complex, and some cancers are genuinely difficult to detect. However, when warning signs are ignored, test results are misread, or follow-up is unreasonably delayed, legal responsibility may exist.
Understanding a Cancer Misdiagnosis Claim
A cancer misdiagnosis claim focuses on whether proper medical protocols were followed and how the error affected the patient’s prognosis and treatment options. These cases require careful review of medical records, diagnostic imaging, pathology reports, and expert testimony.
At Brockstedt Mandalas Federico, our attorneys bring a unique advantage to these cases. With decades of experience and prior careers representing healthcare providers and medical institutions on the defense side, we understand how hospitals and insurers evaluate these claims, how they’re challenged, and how to counter those arguments effectively.
What Damages Are Available in a Cancer Misdiagnosis Lawsuit?
Every cancer misdiagnosis lawsuit is different, but potential compensation may include:
- Past and future medical expenses,
- Costs of additional or more aggressive treatment,
- Lost income and reduced earning capacity,
- Pain and suffering,
- Emotional distress, and
- Loss of chance or reduced survival odds.
In wrongful death cases, surviving family members may also pursue damages related to funeral expenses and loss of companionship.
People often ask about what an average cancer misdiagnosis lawsuit settlement looks like, but there is no average or guaranteed amount. Settlement values depend on the type of cancer, how much earlier it could have been diagnosed, the patient’s prognosis, and the long-term impact of the delay.
Timing Matters: Statutes of Limitations
Medical malpractice cases are subject to strict filing deadlines. In Maryland, for example, most medical malpractice claims must be filed within five years of the injury or three years from the date the injury was discovered, whichever comes first. Other jurisdictions have different timelines and requirements, including pre-suit procedures and expert certification.
Because cancer misdiagnosis is often discovered months or years after the initial error, determining when the clock starts running can be complex. Speaking with an attorney as soon as possible is critical to preserving your rights.
Why These Cases Are So Challenging
A misdiagnosed cancer lawsuit is among the most medically and legally complex types of malpractice claims. Defendants often argue that the cancer was aggressive, that earlier diagnosis would not have changed the outcome, and that symptoms were too vague to warrant further testing.
Successfully pursuing these cases requires a deep understanding of oncology, diagnostic standards, and causation. Our firm thoroughly investigates every angle, working with highly qualified medical experts to build strong, evidence-based claims that withstand scrutiny.
What Sets Brockstedt Mandalas Federico Apart
What distinguishes our medical malpractice attorneys is our comprehensive understanding of how these cases work from every angle. We bring clarity to complex medical issues, support patients and families through every stage of the process, and fight to hold negligent providers accountable.
Our prior defense-side experience allows us to anticipate how hospitals and insurers approach cancer misdiagnosis cases. Combined with our proven courtroom results, this perspective means we are fully prepared to negotiate aggressively or take your case to trial when necessary.
Taking the Next Step After a Cancer Misdiagnosis
If you believe a delayed or incorrect diagnosis changed your treatment options or outcome, you may have legal options worth exploring. A cancer misdiagnosis lawsuit is not about blaming providers for unavoidable outcomes; it is about accountability when preventable errors cause life-altering harm.
At Brockstedt Mandalas Federico, we are committed to securing the full compensation our clients deserve for medical expenses, ongoing care needs, pain, and suffering. While we handle the legal and medical complexities, you can focus on your health, your family, and moving forward.
If you have questions about whether a cancer misdiagnosis claim applies to your situation, our team is here to help you understand your options with clarity and confidence. Contact us today!
FAQ: Cancer Misdiagnosis Lawsuits in Maryland
If you’re wondering whether you can file a cancer misdiagnosis lawsuit in Maryland, these FAQs explain what typically matters: the timeline, missed red flags, and how delays can affect treatment options and outcomes.
Potentially, yes. A cancer misdiagnosis lawsuit in Maryland typically depends on whether the medical provider failed to take appropriate steps to diagnose cancer and that failure caused measurable harm, such as a worsened prognosis or more aggressive treatment.
Misdiagnosis often means cancer was labeled as something else (or ruled out incorrectly). Delayed diagnosis often means cancer wasn’t identified in time because follow-up testing, referrals, or repeat evaluation did not happen when it should have.
Common issues include missed findings on imaging, not ordering the right diagnostic tests, not acting on abnormal results, delayed referrals to specialists, and breakdowns in communication between providers or departments.
In many cases, yes. These claims often focus on causation—how the delay changed your stage, treatment plan, prognosis, or recovery. This is usually established through medical records and qualified expert review.
Typically: primary care notes, specialist notes, imaging reports, pathology, lab results, referral records, follow-up instructions, and messaging logs or portal communications. A clear symptom timeline is often just as important as the raw records.
These cases generally compare what a reasonably careful provider would have done versus what happened in your care—such as whether testing, referral, or follow-up should have occurred sooner. Expert medical review often explains this in plain terms.
Compensation can involve additional medical costs, lost income, future care needs, and the personal impact of pain, suffering, and reduced quality of life. The amount depends heavily on the harm caused by the delay or incorrect diagnosis.
Possibly. The key question is whether the delay caused harm: progression of disease, more aggressive treatment, complications, or a worse prognosis than would likely have occurred with timely diagnosis.
No. Medicine involves judgment calls. A claim is stronger when the records show missed red flags, abnormal results that weren’t addressed, lack of follow-up, or unreasonable delays that a careful provider likely would not have allowed.
We can help organize the timeline, identify the records that matter, and evaluate whether the care and follow-up likely fell below the standard and caused harm. If the case is viable, we guide you through the Maryland malpractice process step-by-step.
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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