Can I Sue a Doctor for Ignoring My Symptoms?

 Posted on April 07, 2026 in Personal Injury

If your health was affected because a doctor dismissed what you were telling them, you may have a valid medical malpractice claim. Explaining exactly why you need medical help, whether in a primary care office or an ER, can be difficult. If it turns out that you were right and something was seriously off, the situation can go from frustrating to devastating. A Washington, D.C. personal injury attorney can help you understand whether your case qualifies in 2026.

Is Ignoring Symptoms Considered Malpractice?

Not every missed diagnosis or delayed treatment is considered malpractice. Doctors aren’t expected to be perfect. However, they are required to meet what is called a "standard of care." This means they must provide the level of care that a reasonably competent doctor in the same field would provide under similar circumstances.

When a doctor ignores symptoms that another competent physician would have taken seriously, they may violate that standard. Common examples include:

• Dismissing complaints of chest pain without ordering an EKG or other cardiac testing

• Failing to order imaging after a patient reports persistent headaches

• Ignoring abnormal lab results

• Not referring a patient to a specialist when needed

• Failing to follow up after a concerning finding

If a doctor’s response contributes to a delayed diagnosis, a worsening condition, or preventable harm, you may have grounds to file a claim.

What Do You Have To Prove in a Maryland Malpractice Case?

Maryland medical malpractice claims are governed by the Maryland Health Care Malpractice Claims Act. Before you can file a lawsuit, you must file your claim with the Health Care Alternative Dispute Resolution Office. You also need a certificate from a qualified medical expert stating that the care you received fell below the accepted standard.

To succeed in a malpractice claim, you generally need to show four things:

• There was a doctor-patient relationship.

• The doctor failed to meet the standard of care, meaning another doctor would reasonably have responded differently.

• This failure directly caused your injury or made your condition worse.

• You suffered real, measurable harm as a result.

The connection between the doctor's failure and your injury is often the hardest part to prove. Having access to second and third opinions from other doctors or specialists can make a major difference in building your case.

How Long Do You Have To File a Malpractice Claim in Maryland?

Under Maryland Courts and Judicial Proceedings Code § 5-109, the statute of limitations for medical malpractice is generally five years from the date the injury occurred, or three years from the date you discovered (or reasonably should have discovered) the injury, whichever comes first. Missing this deadline almost always means losing your right to pursue compensation. If you are unsure whether your window is still open, meet with an attorney as soon as possible.

What Can You Recover for Maryland Medical Malpractice Claims?

If your claim is successful, you may be able to seek compensation for several things. These include medical expenses caused by the delay or misdiagnosis, lost wages if your condition affected your ability to work, pain and suffering, and future medical costs if ongoing treatment is needed.

Maryland does cap non-economic damages, like pain and suffering, in malpractice cases. Careful documentation of your economic damages can help you secure the full amount you may be entitled to.

Call a Washington, D.C. Medical Malpractice Attorney Today

You deserve to be heard and compensated if a doctor made your life worse by ignoring your symptoms. Kisner Law is available 24/7, will travel, and can handle your case entirely remotely or in person. Our D.C. personal injury lawyer offers free consultations and works on a contingency basis, meaning you pay nothing unless your case wins. He also has excellent relationships with top experts in fields like orthopedics, neurology, and pain management, and can get you in to see someone for a second opinion very quickly.

Call Kisner Law at 240-459-0097 today.