Can I Sue a Doctor for a Misdiagnosis in Maryland?

 Posted on June 05, 2026 in Medical Malpractice

Doctors are responsible for the care of their patients, including giving them accurate diagnoses. A wrong diagnosis can have a profound impact on someone’s health. When a doctor’s negligence results in injury, a medical malpractice claim may be necessary.

Not every misdiagnosis is considered malpractice in 2026. Whether your case qualifies depends on whether your doctor was acting negligently or simply made a mistake. If you believe you’ve experienced malpractice in the form of a wrong diagnosis, our Crofton, MD medical malpractice lawyer can help you understand whether you have a case.

When Does a Misdiagnosis Count as Medical Malpractice in Maryland?

A misdiagnosis can be considered malpractice when a doctor fails to meet the accepted standard of care for their area of expertise, and the patient is injured as a result. The "standard of care" is what a reasonably competent doctor with similar training would have done in the same situation. To have a valid malpractice claim, you generally have to prove four things:

• There was an established doctor-patient relationship.

• The doctor failed in their duty by acting carelessly, such as ignoring symptoms or skipping a needed test.

• The doctor’s failure caused your injury.

• You suffered real harm as a result.

You must show that the misdiagnosis itself made your condition worse. This is distinct from the diagnosis simply being wrong. For example, if a delayed cancer diagnosis allowed the disease to spread and reduced your treatment options, you may have a malpractice case.

What Kinds of Misdiagnosis Can Lead to Malpractice Claims?

Some diagnostic errors appear repeatedly in medical malpractice claims because a misdiagnosis can lead to the wrong treatment, delayed treatment, or no treatment at all. Common examples include:

• Diagnosing cancer as a less serious condition

• Mistaking a heart attack for indigestion

• Misidentifying a stroke as another neurological issue

• Diagnosing blood clots and serious infections, such as sepsis, as less dangerous illnesses.

These errors can allow the patient's actual condition to worsen while valuable treatment time is lost. In each of these cases, the patient experiences harm from the delayed, incorrect, or unnecessary treatment they receive because of their diagnosis.

What Special Requirements do Medical Malpractice Cases Have in Maryland?

Maryland has strict requirements that make these cases different from other injury claims. The most important thing is the certificate of a qualified expert.

Under Maryland Code, Courts and Judicial Proceedings § 3-2A-04, you must file a written certificate from a qualified medical professional. This is a second opinion or review of your records from a separate provider. It confirms that your doctor failed to meet the standard of care and that the failure caused your injury. It must usually be filed within 90 days of filing your malpractice claim.

What Should I Do if I Want to File a Claim Against My Doctor for Misdiagnosis?

The first step is to get proper medical care for your actual condition. Also, begin preserving the evidence of your misdiagnosis:

• Request complete copies of your medical records, test results, and imaging.

• Write down a timeline of your symptoms, appointments, and what each doctor told you.

• Get a second opinion from another qualified doctor.

• Avoid signing anything from the provider or their insurer before getting legal advice.

• Talk to a malpractice attorney who can have your records reviewed.

Maryland law generally allows claimants five years from the injury to file. If the injury wasn’t immediately obvious, you have three years from when you discovered it. The court will hold you to whichever deadline comes first. Because of this, it’s advisable to take action as soon as you’re aware that harm has been done.

Call Our Hyattsville, MD Medical Malpractice Lawyer Today

Our Crofton, MD medical malpractice attorney has more than 10 years of legal experience. At Kisner Law, we believe clients deserve honest answers about the strengths and challenges of their claims from the very beginning. We also maintain strong relationships with a diverse network of medical professionals who can provide second opinions when needed.

Attorney Kisner has extensive trial experience and is known for his persistence in pursuing favorable outcomes for clients. Call us at 240-459-0097 today for a free consultation and the white-glove experience you deserve. We’re available 24/7 and offer contingency billing. That means you don’t pay unless we win.