Cancer Misdiagnosis Lawyer in Maryland

A missed or delayed cancer diagnosis can change everything. Treatment that could have worked at an early stage may no longer be an option. The cancer may spread. Side effects from late-stage care can be harsher. And families are often left with medical bills and grief that should never have happened.

At Castro Law Group, our Maryland medical malpractice lawyers help patients and families pursue answers and compensation after a cancer misdiagnosis. Our firm has served Maryland and Washington, D.C. since 1993, handled more than 10,000 cases, and recovered over $150 million in personal injury settlements firm-wide. We carry a 4.9-star rating from clients across Southern Maryland.

If you believe a doctor missed, delayed, or misread your cancer diagnosis, call (301) 870-1200 to speak with our team about your legal options.

What Counts as Cancer Misdiagnosis in Maryland?

Cancer misdiagnosis happens when a doctor fails to identify cancer that a reasonably careful physician would have caught. It can also mean diagnosing the wrong type or stage of cancer, or treating a patient for a condition they don’t have while the real cancer goes untreated.

Not every missed diagnosis is malpractice. Medicine is hard, and some cancers are very difficult to detect. To bring a medical malpractice claim in Maryland, you generally need to show four things:

• A doctor-patient relationship existed
• The doctor’s care fell below the accepted standard of medical practice
• That failure caused harm to the patient
• The harm led to specific damages such as medical costs, lost income, pain and suffering, or death

A Maryland cancer misdiagnosis lawyer can review your medical records, consult with medical experts, and help determine whether the standard of care was breached.

Common Cancers Involved in Misdiagnosis Claims

Some cancers are misdiagnosed more often than others, usually because their early symptoms look like less serious conditions. We see claims involving:

• Breast cancer (often misread mammograms or dismissed lumps)
• Lung cancer (mistaken for pneumonia, bronchitis, or asthma)
• Colorectal cancer (symptoms attributed to IBS or hemorrhoids)
• Lymphoma (mistaken for infection)
• Pancreatic cancer (early symptoms ignored or attributed to digestive issues)
• Skin cancer, including melanoma (biopsy errors or visual misreads)
• Prostate cancer (delayed follow-up on elevated PSA results)
• Ovarian cancer (vague symptoms missed during routine exams)

Each case turns on the specific facts. Two patients with similar symptoms may have very different claims depending on what tests were ordered, what the records show, and what other doctors would have done.

How Cancer Misdiagnosis Happens

Most cancer misdiagnosis cases involve one or more of these failures by the medical provider:

• Skipping a thorough physical exam or full patient history
• Not ordering recommended cancer screenings based on age and risk factors
• Failing to follow up on abnormal lab work, imaging, or biopsy results
• Misreading imaging studies, slides, or pathology reports
• Not referring the patient to a specialist when symptoms call for it
• Losing or mislabeling test results
• Failing to communicate findings to the patient in time

Diagnostic errors are a significant patient safety issue in the United States. A 2023 study by researchers at Johns Hopkins, published in BMJ Quality & Safety, estimated that diagnostic errors cause serious harm or death to roughly 795,000 Americans each year. Cancer is one of the most commonly misdiagnosed categories.

Damages You May Recover in a Cancer Misdiagnosis Case

When cancer is caught late because of medical negligence, the harm often goes well beyond the original illness. A successful Maryland cancer misdiagnosis lawsuit may recover:

• Past and future medical expenses tied to the delayed or worsened cancer
• Lost wages and reduced earning capacity
• Pain, suffering, and emotional distress
• Loss of companionship for surviving spouses and family
• Funeral and burial costs in wrongful death cases

Maryland caps non-economic damages (pain and suffering) in medical malpractice cases under § 3-2A-09. For injuries occurring in 2026, the cap is $920,000 for a single claimant. It rises by $15,000 each January 1. There is no cap on economic damages such as medical bills and lost income.

Maryland Medical Malpractice Deadlines You Need to Know

Maryland law sets strict deadlines for medical malpractice cases. Missing them usually means losing the right to sue, no matter how strong the case is otherwise.

Statute of limitations

Under Maryland Courts and Judicial Proceedings § 5-109, a cancer misdiagnosis claim must be filed within the earlier of:

• Five years from the date the injury occurred, or
• Three years from the date the injury was discovered (or reasonably should have been discovered)

For minors, the clock generally starts on the patient’s 18th birthday, with limited exceptions.

Certificate of Qualified Expert

Maryland also requires plaintiffs to file a Certificate of Qualified Expert within 90 days of filing the complaint, under § 3-2A-04. A licensed medical professional must review the case and confirm that the defendant’s care fell below the standard and caused the injury. Without this certificate, the case is usually dismissed.

Health Care Alternative Dispute Resolution

Most medical malpractice claims must first be filed with Maryland’s Health Care Alternative Dispute Resolution Office, though either side can waive arbitration to move directly to court.

These requirements make Maryland medical malpractice cases harder to bring than ordinary injury claims. A Maryland cancer misdiagnosis lawyer who handles these cases regularly can help you meet every deadline and procedural rule.

How a Maryland Cancer Misdiagnosis Lawyer Can Help

Cancer cases are emotional, complex, and document-heavy. Castro Law Group can:

• Review your medical records and timeline of care
• Work with oncologists, radiologists, and pathologists to evaluate the standard of care
• File the Certificate of Qualified Expert and other required paperwork on time
• Handle communication with insurance companies and defense lawyers
• Build the case for full compensation, including future medical needs
• Take the case to trial if a fair settlement is not offered

We have served Charles County and the surrounding Southern Maryland communities since 1993. Our office is in Waldorf, and we represent clients across Maryland and Washington, D.C.

We offer free, confidential consultations. There is no fee unless we recover compensation for you.

Frequently Asked Questions About Cancer Misdiagnosis Claims in Maryland

How long do I have to file a cancer misdiagnosis lawsuit in Maryland?

Under Maryland Courts and Judicial Proceedings § 5-109, you must file within the earlier of five years from the date of injury or three years from when the injury was discovered. Speak with a Maryland cancer misdiagnosis lawyer as soon as possible to protect your rights.

Is every missed cancer diagnosis considered malpractice?

No. To prove malpractice, you must show that a reasonably careful doctor would have caught the cancer under the same circumstances and that the delay caused real harm. A medical expert review is required to support the claim.

What is a Certificate of Qualified Expert in a Maryland cancer case?

It is a sworn statement from a qualified medical professional confirming that the defendant’s care fell below the standard of practice and caused the injury. Under § 3-2A-04, plaintiffs must file this certificate within 90 days of filing the complaint, or the case is usually dismissed.

Are there limits on how much I can recover for a cancer misdiagnosis in Maryland?

There is no cap on economic damages like medical bills and lost income. Maryland does cap non-economic damages such as pain and suffering. For injuries occurring in 2026, the cap is $920,000 for a single claimant, and it rises by $15,000 each year.

Do you handle cancer misdiagnosis cases throughout Maryland?

Yes. Castro Law Group is based in Waldorf and serves clients across Maryland and Washington, D.C. We regularly represent patients in Charles County and the surrounding Southern Maryland area.

What does it cost to hire a Maryland cancer misdiagnosis lawyer?

The initial consultation is free. We handle cancer misdiagnosis cases on a contingency basis, which means you pay no attorney fee unless we recover compensation for you. Call (301) 870-1200 to schedule a free case review.

Can I file a claim if my loved one died from a misdiagnosed cancer?

Yes. Maryland allows family members to file a wrongful death claim, generally within three years of the date of death, under § 3-904. A survival action by the estate may also apply. Both have strict deadlines, so do not delay.

Speak With Our Maryland Cancer Misdiagnosis Lawyers

A late cancer diagnosis is one of the hardest things a family can face. If you believe a doctor’s negligence caused or worsened that diagnosis, you may have a right to compensation, and you may have a limited window to act.

Call Castro Law Group at (301) 870-1200 or contact us online to schedule a free consultation with our Maryland cancer misdiagnosis lawyers.