Maryland medical malpractice attorney Marcus Boston explains one of the key elements to proving a cancer misdiagnosis case in Maryland. Attorney Boston uses an example with real people to demonstrate how the law works in real life.
The example in the video follows a patient who goes to see how primary case doctor for a cough. As a result, the doctor sends the patient out to have x-rays done by a radiologist. It is determined by the radiologist that the patient has a stage 1 type of cancer.
The type of stage 1 cancer the patient has gives him a 40% chance of survival. The radiologist errors and sends the primary care doctor the wrong report, which states that the patient is cancer free.
The primary care doctor explains this incorrect information to the patient. The patient continues to get sick and eventually is hospitalized. The cancer that was originally found by the radiologist is rediscovered. Meanwhile, the patient dies. The widow of the patient sues for wrongful death.
Under these set of facts, the widow will not win because under Maryland law, the rate of survival must be 51% at the time of the medical malpractice (e.g. failure to diagnose the cancer, handoff error, etc…).
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