When a medical malpractice claim is filed against a doctor, the doctor usually pushes back really hard against the claim made by his or her patient. This is because these types of cases can have many negative repercussions for doctors. From possible licensing issues, to increases in medical malpractice insurance, to hospital privileges, doctors take these claims serious.

In a Maryland failure to diagnose breast cancer case, doctors, through their attorneys, usually key in on the area of causation. The reason causation is important is because it is a required element of the case the plaintiff (person bringing the law suit) must prove.

Under Maryland law, in these types of breast cancer misdiagnosis cases, one must show that regardless of the error of the doctor, the patient would have had at least a 51% chance or higher of surviving the breast cancer. This can usually be proven through the use of medical experts and the type of cancer. For example, according to statistics from the American Cancer Society, a patient with DCIS and proper treatment through surgery, radiation therapy, etc…has a 5 year relative survival rate of 100%. For stage 1 cancer, the number is around 98%.

If you have discovered that your doctor failed to diagnose your breast cancer, or misdiagnosed it all together, and you would like to speak with someone about this, we invite you to give us a call. We can be reached at 301-850-4832. Individuals like you share their stories with us all the time, and we would be happy to hear yours.


Marcus Boston is a Maryland medical malpractice attorney who helps people navigate the Maryland childbirth injury and medical malpractice process to get money for their injuries caused by the carelessness of doctors and hospitals.