Failure to Diagnose / Misdiagnosis

Maryland Birth Injury Lawyer


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The importance of prompt, accurate diagnosis cannot be overstated. Failure to run the correct tests or to see the appropriate specialists can result in a steadily worsening medical problem. Misdiagnosis can result in the patient receiving the wrong treatment. And either of these problems can result in serious injury or premature death.

Do you Suspect Negligence Resulted in a Failure to Diagnose?

Diagnosis of medical problems can be difficult and time-consuming. Failing to make a quick diagnosis does not necessarily mean that medical malpractice has occurred. Negligence or disregard for accepted medical standards must also have occurred.

For example, if a doctor failed to follow up on a patient who was reporting symptoms or failed to order the kinds of tests that would be reasonable under the circumstances, that could be malpractice. It could also be negligence if the doctor failed to consult a specialist in a complicated case.

Negligent misdiagnosis can also be the result of lab errors or radiologists, pathologists and other medical specialists who misread lab results, MRIs, CAT scans, ultrasounds, or other types of tests.

Getting Answers to Difficult Questions of Medical Negligence

Medical malpractice attorney Jonathan Scott Smith has been helping injured people get answers and financial compensation for more than 35 years. He handles medical malpractice cases involving misdiagnoses or failure to diagnose, such as:

  • Failure to diagnose cancer resulting in death of a patient
  • Misdiagnosis of cancer leading to delayed treatment and reduced quality of life
  • Failure to diagnose heart attack or stroke
  • Failure to diagnose problems during pregnancy or childbirth, leading to birth defects and birth injuries to babies and mothers
  • Failure to diagnose breech birth or when the fetus is too large for vaginal birth, which increases the risk for birth problems, hypoxia, Erb’s palsy and shoulder dystocia

Mr. Smith will review your case and advise you on possible next steps. If it seems likely that medical malpractice played a role in a misdiagnosis or failure to diagnose a medical condition, he can explain the process of seeking compensation


If your loved one has been the victim of medical malpractice through a failure to diagnose cancer or you were injured because your own medical problem was misdiagnosed, you have the right to answers and compensation. Contact injury attorney Jonathan Scott Smith or call 410-740-0101 to schedule a consultation.

Thorough Preparation

The care we give to each case gets noticed. It’s what sets our firm apart. Mr. Smith’s extensive trial experience and track record of successful Past Results has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer
  • Top 100 Lawyers in Maryland by Super Lawyers (2014)
  • 10.0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars the highest client review possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale less than 4% of 900,000+ attorneys listed by Martindale-Hubbell).
  • Baltimore’s Top Rated Lawyers of 2015 by American Lawyer Media
  • “10 Best Attorneys in the State of Maryland in Client Satisfaction,” American Institute of Personal Injury Attorneys
  • The National Trial Lawyers: Top 100 Trial Lawyers (by invitation only and limited to the Top 100 Trial Lawyers from each state).
  • AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (28 consecutive years).
  • The Million Dollar Advocates Forum (Awarded to fewer than 1% of U.S. Attorneys who have Obtained Multi-Million Dollar Verdicts, Awards and Settlements).

These include the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Mr. Smith has more than 35 years of courtroom experience in both criminal defense and personal injury cases. He is never hesitant to take a case to court if needed to get a good result. He thoroughly investigates each case he handles and is diligent in preparing for court.

Legal Help When a Misdiagnosis or Failure to Diagnose a Medical Problem Leads to Injury or Death

Attorney Jonathan Scott Smith represents clients in personal injury, medical malpractice, nursing home abuse and negligence, criminal defense and drunk driving / DUI defense throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

“I appreciated your tenacity and conscientious attitude during this challenging case. In the face of constant opposition from the other side, you stood firm and did not back down. I commend you on your resilience and resolve to win this case. It is quite clear from your legal presentations that you worked extremely long and hard. On a more personal side, I will never forget your gentle expression of compassion and kindness towards my family.”
Rosalind D.


A nursing home resident, who was known to be a fall risk, was left unattended. When she attempted to get out of her wheelchair, she fell and fractured her hip. Her estate received a six-figure recovery.



  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101