Medical malpractice cases arising out of a doctor’s failure to diagnose a patient often involve complicated issues and conflicting positions regarding what harm the patient sustained due to the delay in receiving a proper diagnosis. Thus, in cases in which the patient alleges a doctor committed malpractice by failing to diagnose the patient, expert testimony is needed to establish the doctor’s liability and the patient’s harm. In a recent case in which the plaintiff alleged she suffered harm due to her doctor’s failure to diagnose breast cancer, the Court of Special Appeals of Maryland discussed the scope of expert testimony permitted. If you sustained damages due to a delayed or inaccurate diagnosis, you should meet with a skillful Maryland malpractice attorney to discuss what evidence you must produce to hold your care provider liable for your harm.
Facts Regarding the Plaintiff’s Treatment and the Underlying Trial
Allegedly, the plaintiff noticed a lump in her right breast, which she reported to the defendant, her gynecologist. She underwent diagnostic testing, which reportedly revealed no evidence of malignancy. The plaintiff continued to treat with the defendant, who repeatedly advised her that the lump was nothing to worry about. In 2012, the plaintiff underwent a biopsy, which revealed that she had cancer in her right breast. She subsequently underwent a bilateral mastectomy. She then sued the defendant for medical malpractice, arguing that the defendant breached the standard of care by failing to diagnose her cancer in a timely manner.
Following a trial, the jury found in favor of the plaintiff. The defendant appealed, and the court issued an opinion reversing the verdict and remanding the case for further proceedings. Following the second trial, the plaintiff appealed, arguing, in part, that the trial court erred in precluding testimony from the plaintiff’s expert witness. Continue Reading