Verdict in Failure to Diagnose Cancer Case: Comparison to Maryland Law

The family of a Nevada woman who tragically died of rectal and colon cancer at age 27 was awarded $2.5 million for a doctor’s failure to diagnose cancer. The family’s medical malpractice lawyer argued that if the woman had been correctly diagnosed at her initial visit, she would have had a 97 percent chance of survival. Instead, the delay reduced her chances to about 50 percent.

The tragedy is that in Maryland under the facts this malpractice lawyer alleged, the lawsuit against the defendant doctor would be dismissed before the case even went to trial. Maryland law requires a 51% loss of chance. We had to reject a cancer failure to diagnose case today for this very reason. It is an awful unjust law that the Maryland legislature should change.