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Failure to Diagnose an Issue Discovered During Surgery

Baltimore Lawyers Helping People Seek Damages for Medical Malpractice

Doctors often perform surgical procedures for diagnostic purposes. In other words, they examine or extract a patient’s tissue for signs of issues that require treatment. In some instances, a doctor may inadvertently uncover an issue during surgery for an unrelated concern. Doctors do not always observe or address illnesses or conditions they come across, though, and the failure to diagnose an issue discovered during surgery can cause their patients to sustain cataclysmic harm. If you were injured by your doctor’s negligence, it is in your best interest to speak to an attorney about what compensation you may be able to recover. The Baltimore medical malpractice attorneys of Arfaa Law Group know what it takes to establish the liability of careless doctors, and if we represent you, we will advocate aggressively on your behalf.

Injuries Caused by the Failure to Diagnose an Issue Discovered During Surgery

Surgical biopsies are often used to determine whether a patient is suffering from cancer. During such surgeries, the doctor will often extract tissue from the patient and send it to the lab to undergo testing. In some instances, a patient may have visible tumors. If a doctor fails to observe or remove such tumors, however, or properly interpret test results, a patient’s cancer may go undiagnosed. Surgery is also used to address other less critical conditions, like endometriosis and adhesions; while they are not life-threatening, they can cause significant pain and permanent impairments if they are not diagnosed and treated in a timely manner. In some cases, a doctor may unexpectedly discover an issue during a non-diagnostic surgery. For example, if a patient is undergoing a breast augmentation and the surgeon notices a lump in the patient’s breast, the doctor most likely should refer the patient for diagnostic tests.

Lawsuits Seeking Damages for the Failure to Diagnose an Issue Discovered During Surgery

A doctor’s failure to diagnose an issue discovered during surgery is frequently considered malpractice. As such, a patient harmed by such errors may be able to recover damages in a lawsuit against them. In most medical malpractice cases pursued in Maryland, the plaintiff will allege that the defendant was negligent.

To establish negligence in the setting of medical care, a plaintiff must show that the defendant owed the plaintiff a duty and that the defendant breached the duty. The duty a doctor owes a patient is to offer treatment that complies with the applicable standard of care, which is the care that a reasonable doctor practicing in the same specialty would provide in the same situation. Any treatment or lack of treatment that deviates from the standard may be considered a breach. As the average judge or juror does not have independent knowledge about the standard of care that would apply, in most medical malpractice cases, the plaintiff must retain a medical expert to explain the standard of care and the manner in which the defendant breached the standard to the jury.

The plaintiff must also prove that the defendant’s breach proximately caused the plaintiff to suffer measurable injuries. This usually requires expert testimony as well. A plaintiff that successfully demonstrates a defendant’s liability may be granted damages for the cost of their medical care, out-of-pocket expenses, and lost wages. They may also be able to recover compensation for their suffering, mental anguish, and pain.

Meet with an Assertive Baltimore Attorney

Doctors have a duty to accurately diagnose and promptly treat their patients, and if they fail to do so, they should be deemed liable for any injuries that arise. If you suffered damages due to a doctor’s failure to diagnose an issue discovered during surgery, you have the right to pursue claims against them, and you should meet with an attorney as soon as possible. The assertive Baltimore lawyers of Arfaa Law Group can gather any evidence in your favor and develop persuasive arguments on your behalf to provide you with a strong chance of obtaining a favorable outcome. We regularly represent people in medical malpractice claims in Baltimore, where our office is located. You can reach us by calling (410) 889-1850 or by using our online form to set up a free and confidential meeting.