Legal Question in Medical Malpractice in Maryland

if a doctor misdiagnose something, but the doctors diagnose or the real diagnose, doesn't harm the patient, can the patient still sue?


Asked on 8/16/12, 4:33 pm

1 Answer from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

"no harm... no foul"! Negligence means that a person "breached a duty of care" (i.e. the misdiagnosis) and the breached proximately "caused" damages.

So -- if there are NO damages, then there is no negligence.

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Answered on 8/20/12, 9:35 pm


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