Some Maryland medical malpractice cases may arise out of a misdiagnosed or undiagnosed condition by a health care practitioner. In a November 23, 2020 opinion, the Court of Special Appeals of Maryland reviewed a case brought by the personal estate of a cancer patient and her family against the radiologist who treated her. The matter was on appeal after the trial court entered judgment in favor of the defendant despite the jury’s verdict for the plaintiffs.
The plaintiffs in the case alleged that the defendants were negligent in failing to diagnose the decedent’s breast cancer. In 2011, the decedent had received a routine breast cancer examination from the defendants, who found no abnormalities. Six months later, the decedent discovered a lump in her right breast and returned to the defendants’ practice in May of 2012. After performing a mammogram, the defendants concluded that the lump was benign.
Fifteen months later, the decedent returned for a follow-up examination and mammogram, which showed an abnormality in her right breast. The decedent underwent a biopsy a month later, which revealed that she had Stage III breast cancer. Despite two years of chemotherapy and radiation treatment, the cancer spread. The decedent died in February of 2016 at the age of 56.