Settlements for Failure to Diagnose Bowel Perforation in Maryland

Baltimore Medical Malpractice Lawyers Representing Victims of Diagnostic Failures

Bowel perforation is a medical emergency that demands immediate recognition and treatment. When a physician fails to identify the signs of a perforated bowel in a timely manner, the resulting complications can be catastrophic, and in some instances, fatal. Diagnostic failures often constitute medical malpractice, and people hurt by such oversights will frequently seek damages in the Maryland courts. While some claims arising from missed bowel perforation diagnoses proceed to trial, many resolve through settlement. If you or a loved one sustained injuries because a bowel perforation was not promptly diagnosed, it is critical to understand the factors that affect a potential settlement, and you should talk to an attorney. At Arfaa Law Group, our experienced Baltimore medical malpractice attorneys proudly advocate for people hurt by medical negligence, and if we represent you, we can aid you in seeking the best legal outcome available.

Pursuing Settlements for Failure to Diagnose Bowel Perforation in Maryland

Doctors and hospitals facing claims for failure to diagnose bowel perforation frequently argue that their treatment decisions fell within the standard of care, and that the poor outcome was unpreventable or unrelated to their actions. As such, plaintiffs seeking a settlement for failure to diagnose bowel perforation must be prepared to present credible evidence that the treating provider’s negligence was the true cause of their injuries.

Under Maryland law, a plaintiff pursuing a negligence claim must first show that the defendant owed them a duty of care. In a medical context, this duty arises from the provider–patient relationship and obligates the provider to render treatment consistent with accepted medical standards. The plaintiff must then show that the provider breached this duty by acting in a manner that deviated from how a reasonably competent healthcare professional would have acted under similar circumstances. This breach may involve failing to order appropriate diagnostic imaging, misreading radiology reports, overlooking symptoms of peritonitis, or discharging a patient prematurely without adequate evaluation. Once a breach is established, the plaintiff must also demonstrate causation—meaning that the physician’s failure to diagnose the bowel perforation was a substantial factor in causing the patient’s harm. Finally, the plaintiff must prove damages, which may be physical, financial, or emotional in nature.

In nearly all malpractice cases, expert testimony is necessary to define the applicable standard of care and to explain how the provider’s conduct deviated from it. Experts also play a critical role in demonstrating how earlier diagnosis and treatment could have prevented the patient’s injuries. Supporting documentation, such as medical records, surgical notes, and imaging studies, may further strengthen the plaintiff’s case and improve the likelihood of a favorable settlement.

Damages Recoverable in Settlements for Missed Bowel Perforation Diagnoses

A settlement for failure to diagnose bowel perforation is intended to compensate the patient for losses stemming from the delayed diagnosis. These damages may include the costs of hospitalization, surgery, post-operative care, and rehabilitation. Many patients with undiagnosed bowel perforations experience severe infections, require prolonged ICU stays, or undergo multiple corrective surgeries, all of which result in substantial medical bills and time away from work. Accordingly, settlements may also include compensation for lost income and reduced earning capacity. Non-economic damages—such as pain and suffering, emotional trauma, and diminished quality of life—may be recoverable as well. Maryland law imposes a cap on non-economic damages in medical malpractice cases, but this does not limit a plaintiff’s ability to seek full compensation for economic losses.

The scope and severity of the patient’s injuries, the strength of the expert evidence, and the likelihood of success at trial all influence the potential value of a settlement. In cases where the patient dies as a result of a misdiagnosed bowel perforation, surviving family members may pursue a wrongful death claim, which can also be resolved through settlement.

Timing and Strategic Considerations in Medical Malpractice Settlements

One of the most important considerations in evaluating a settlement for failure to diagnose bowel perforation is timing. Setting too early, before the full extent of the injury is known, can result in inadequate compensation. For instance, a patient may require future surgeries or experience long-term complications that are not immediately apparent. On the other hand, delaying settlement too long may increase litigation costs and expose the plaintiff to legal risks, particularly if new evidence weakens the claim or casts doubt on the provider’s liability.

An experienced malpractice attorney can help clients make informed decisions about whether and when to settle, taking into account the nature of the injuries, the expected course of recovery, and the available evidence.

Speak With a Seasoned Baltimore Medical Malpractice Lawyer Today

A failure to diagnose bowel perforation can lead to life-altering injuries or death. If your health was compromised because a medical provider failed to recognize this condition in time, you may be entitled to a financial settlement, and you should speak with an attorney. The seasoned Baltimore medical malpractice lawyers at Arfaa Law Group understand the toll that diagnostic errors take on individuals and families, and if you hire us, we will aid you in pursuing any available damages. Our office is located in Baltimore, and we represent clients throughout the city and across Maryland. To schedule a free and confidential consultation, call us at 410-889-1850 or contact us online today.