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Medical Misdiagnosis

Medical Misdiagnosis2016-11-24T16:14:08+00:00
  • When does Medical Misdiagnosis happen?

    When most people go to the doctor, they believe they can trust the physician to give them a correct and timely diagnosis. Unfortunately, this does not always happen, and sometimes patients are diagnosed incorrectly or not diagnosed at all. This can have serious and long-term consequences for an individual’s health.

    Seeking Compensation from a Doctor or Hospital after a Misdiagnosis

    An incorrect diagnosis, a delayed diagnosis, or a failure to diagnose can severely undermine a patient’s health. The patient often does not seek the required treatment or seeks inappropriate treatment, which can make his or her medical condition worse. This is especially true in instances of cancer misdiagnosis and other conditions for which early treatment is essential. Other examples include failing to recognize heart attack symptoms, failing to diagnose bacterial infections, and delaying diagnostic test ordering.

    Ultimately, a health care provider’s failure to correctly diagnose a condition in a timely manner may result in lifelong disability, costly medical care, or even a tragic loss of life. When a physician fails to diagnose correctly because he or she was not giving the patient proper time, care, and attention, the injured individual can file a medical malpractice claim against that physician and sometimes the hospital that employs him or her. A malpractice action is a specific type of negligence claim. Broadly speaking, negligence consists of failing to take proper care in doing something and thus causing harm to someone else. In this context, therefore, medical malpractice occurs when a health care provider breaches the standard of care owed to a patient.

    The standard of care refers to how another doctor in the same specialty and geographic area would act in the same or similar circumstances. If the breach of the standard of care caused the patient’s injuries, and quantifiable damages resulted from the harm, the health care professional generally will be liable. Expert testimony is usually required to establish the elements of a medical malpractice claim, since a judge or jury otherwise would not know what would be expected of a doctor in a certain situation.

    Under Maryland law, an injured patient can potentially recover lost income and benefits, medical expenses, pain and suffering, and other economic and non-economic types of damages through a medical malpractice claim. In a narrow range of situations, if the victim can show that the health care provider acted reprehensibly and with malicious intent, the victim may also be able to obtain punitive damages.

    It is important to note that patients only have a certain amount of time to file a medical malpractice lawsuit in the state of Maryland. This time limit is known as the statute of limitations. Under Maryland law, an individual has five years from the date that the malpractice took place, or three years from the date that the injury or error was originally discovered, to file a claim. Failure to file within the applicable statute of limitations could mean losing your right to be heard by a court altogether.

    Discuss Your Medical Malpractice Claim with a Lawyer in Prince George’s County

    The negligence attorneys at Wais, Vogelstein, Forman & Offutt have helped residents of Prince George’s County and other areas in Maryland assert their right to compensation. Medical misdiagnosis cases are difficult to prove, and having a qualified attorney on your side is important. With over 75 years of collective experience handling these complex claims, our accomplished team has obtained several seven- and eight-figure settlements and verdicts for our clients. We can answer all of your questions and address your concerns throughout the entire legal journey.

    To learn more, contact us online or call us at 888-952-9669 for a free consultation.

Birth Injury Cases

$55 Million - Birth Injury
Largest Malpractice Verdict in MD.

$33.5M - Birth Injury
Largest Malpractice Verdict in TN.

$15.5M- Birth Injury
Largest Malpractice Verdict MN.

$21M- Birth Injury
Verdict Maryland.

$15.6M Cerebral Palsy
Verdict Maryland.

$14M- Medical Malpractice
Verdict Maryland.

$9.2M- Birth Injury/CP
Largest Verdict in MN.
(Before we set record above)

$7M- Failure to Diagnose
Verdict Minnesota.

$5.3M- Failure to Diagnose Cancer
Verdict Washington D.C.

$5M- Cerebral Palsy/Birth Injury
Verdict Iowa.

$5M - Cebral Plasy/Birth Injury
Verdict Illinois.

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Gary A. Wais, Sr. Partner

Gary is the senior managing partner. Practicing for 30 years, he has dedicated his career to championing the needs of the most seriously injured victims of malpractice. Focusing specifically on birth injury cases, Gary continues to obtain record setting verdicts and settlements in Maryland and Nationwide.

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Kenneth Vogelstein, Sr. Partner

Kenny is a senior partner and a physician. His medical knowledge has proven invaluable in his 25 year practice. Kenny focuses on birth trauma, cerebral palsy and catastrophic malpractice injuries. He has recovered millions in verdicts and settlements on behalf of his seriously injured clients.

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Keith D. Forman, Partner

Keith, a partner, was member of the team that obtained 3 of the 4 largest verdicts in Medical Malpractice history in Maryland, including a $55M verdict and a $21M verdict respectively against two hospitals. A keen and tenacious advocate for his clients, he was invited to join the prestigious Million Dollar Advocates Forum.

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Stephen C. Offutt, Partner

Stephen is one of the Nation's preeminent and seasoned Medical Malpractice trial lawyers. With an extensive record of multi-million dollar verdicts, in 2014 the National Trial Lawyers Association named him one of the Best Trial Lawyers in America following a birth injury verdict for $33.4M. Stephen fights aggressively for seriously injured children nation wide.

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Mary Koch, Partner

Mary will stand & deliver Big for Justice. From her early days as a Federal Prosecutor to large corporate wrong doers, her multi-million verdicts are prolific. Mary won a 34.3M verdict against corporate wrongdoing, one of the Nation's largest in 2010. Mary is tenacious crusader for the rights of injured victims and will fight relentlessly for Justice

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"A seriously unbelievable malpractice team. It truly is high-stakes litigation and this is the malpractice dream team you want. They have the knowledge, resources and tenacity to obtain successful results over the long haul and they are clearly not afraid of anybody. Because of their work, our familie's very existence is made possible."
– D.L.

"Reading this firm's lengthly list of verdicts and settlements in medical malpractice and birth injury is what convinced us. We took a lot of time to select the right law firm for our disabled child with serious life time disability and we are glad we did. Our son will have millions in life time needs because of the hospital care and they did not want to listen to us. They can hear us loud and clear now."

– A.J.

"There are no words to begin to explain how grateful we are for what your team has done for our family. I cannot begin to imagine how we would have survived following the negligent care. Your positive encouragement and support was a beacon of light throughout this difficult process. Hearing that eight figure verdict read in court was the sweetest thing I have ever heard. Thank you and Bless you. "

– W.R.

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