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Failure to Diagnose

The Difference Between Misdiagnosis, Delayed Diagnosis and Failure to Diagnose

When you go to the doctor for medical care, you expect your experience to be professional and your healthcare practitioners to be knowledgeable and accurate. Unfortunately, that doesn’t always happen. Depending on the medical condition you are coping with, a timely and correct diagnosis can be the difference between life and death. Whether it’s a misdiagnosis, delayed diagnosis or outright failure to diagnose, you may have a right to compensation.


Misdiagnosis occurs when a doctor incorrectly diagnoses an illness, injury or disease. If the incorrect diagnosis leads to harm in the patient, it could lead to a medical malpractice claim. For example, if Matt is suffering from a heart attack but an emergency room doctor believes it’s a muscle strain, and that misdiagnosis leads to death or long-term complications, that doctor might be liable. It’s important to note that every misdiagnosis does not constitute malpractice. Your lawyer and evidence must demonstrate that a knowledgeable doctor acting in the same situation would not have made the same error.

Delayed Diagnosis

Delayed diagnosis is when the right diagnosis is eventually given, but only after a severe delay. For a malpractice case to have merit, that delay in diagnosis must negatively impact patient health and stem from medical negligence. Delayed diagnosis is the most common type of medical malpractice, and it can contribute to a severe illness getting much worse in a short span of time. Many illnesses like cancer can be treated if caught early. However, a delay in a proper diagnosis can push the disease past an easily-treatable stage in days, weeks or months.

How does a delayed diagnosis occur? Some of the most common reasons include:

  • Not listening carefully to a patient’s complaint
  • Minimizing symptoms
  • Ignoring medical history
  • Failing to monitor weight loss/gain, vital sign changes, etc.
  • Failing to order medical tests
  • Assuming details about a patient’s life based on stereotypes, age, gender or lifestyle
  • Suggesting or performing a procedure before checking for contraindications
  • Failing to consider differential diagnoses

Failure to Diagnose

Failure to diagnose occurs when a doctor completely missed the right diagnosis until the patient experienced irreversible harm or died. Heart disease, HIV, cancer and syphilis are all treatable when diagnosed properly and fatal if there is a failure to diagnose. If a health care provider failed to diagnose a serious medical condition as a result of negligence, the provider might be liable for medical malpractice or a wrongful death suit. 

When You Need an Experienced Maryland Medical Malpractice Lawyer, Call Mobley and Brown, LLP

If you want guidance throughout your medical malpractice claim, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs and ensure you receive what you are entitled to. Call us now at (410) 261-4952 or toll-free at (833) 355-9897.

Maryland Auto Accident

How Is Fault Determined in Maryland Auto Accident Cases?

One of the most pressing questions in the aftermath of every Maryland auto accident is who is at fault. Whether or not there was an injury involved, the driver at fault can face a variety of consequences from the other party involved, the insurance company and even the police. Those are just some of the reasons why determining fault is so vital in Maryland auto accidents.

Who Determines Fault in a Maryland Auto Accident?

In general, there are 4 key people involved in determining fault: police officers, insurance claims adjusters, a jury or judge and your attorney. The police officers that arrive at the scene of the accident will develop an opinion about what occurred. If there isn’t much property damage and nobody is injured, the officer will probably not complete a formal report. Instead, the police officer will make a form with basic information on who the drivers were, license numbers and insurance information. If a full formal report has been completed, that will often include the officer’s opinion of who caused the accident and other observations from the scene.

Claims adjusters will also develop a conclusion as to who was at fault for the Maryland auto accident after talking to their own insured driver. Today, many adjusters have additional evidence in the form of photos and videos from the crash scene. Your attorney will also have an informed and important opinion on who is at fault. Experienced auto and personal injury attorneys have evaluated hundreds of accidents, so they can discern with a practiced eye.

Finally, the judge or jury during a formal trial can also ultimately decide who caused the car collision. Judges and jurors have access to a range of evidence, as well as arguments from the lawyers of both parties.

What Matters in Maryland?

In Maryland, there are 3 possible determinations after an accident: you caused the accident, you didn’t cause the accident or you contributed to the accident. What factors are brought into consideration?

  • Police report
  • Statements from involved parties and witnesses
  • Statements from involved police officers
  • Photos and videos from the scene
  • Surveillance or dash cam footage
  • Opinion from a car damage appraisal professional
  • Legal principles
  • The rules of the road 

When You Need an Experienced Maryland Auto Accident Lawyer, Call Mobley and Brown, LLP

If you want guidance throughout your personal injury claim in the aftermath of an auto accident, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs and ensure you receive what you are entitled to. Call us now at (410) 261-4952 or toll-free at (833) 355-9897.

Social Media

How Social Media Can Affect Your Case

No matter the circumstance, whether your legal case is of a business or personal matter, it isn’t a good idea to share the details online. It can be tempting to share every step of your journey, both good and bad, with your family, friends and online community. However, social media can be a double-edged sword for anyone with an open legal case. Oversharing could cause you to lose your case.

Social Media isn’t Private

When you’ve tuned into any courtroom drama or police show, there’s a good chance you’ve heard the Miranda rights – “Anything you say can and will be held against you in a court of law.” Unfortunately, for those who wish to share everything on social media, the same principle applies to posts and comments made online. Many mistakenly assume that “private” means posts are made in confidence. In reality, “private” simply means “not public.” Lawyers and court officials can still access the information, and your posts are considered public information that can be admissible as evidence. For example, if you have a pending personal injury lawsuit, but pictures are posted on social media showing you dancing at a party or otherwise participating in a rigorous physical activity, that material can be used against you in court.

It is not advisable to draw attention to any pending cases, in any capacity, online. If you do wish to post anything during the time of your pending case, keep in mind the risks. Remember that law enforcement officials can and will access the content. If it’s something you wouldn’t want to have brought up in court, then it’s best not to mention it on social media – private post or not.

Posts Can Be Used in Multiple Practice Areas

If you’re a small business owner making posts about your business, keep in mind that those posts can be used in multiple practice areas. While your current court case might be a trademark dispute, posts about your financial gains or annual income could be used in bankruptcy court in the future. Photos, text posts and videos can all be used now or years in the future as supplementary evidence.

Similarly, if you have a personal case (i.e. car accident, medical negligence, premises liability, etc.) and boast about how much you’re expected to get from your case, or otherwise mention it to the public, that can backfire as well.

What Can You Do?

While nobody wants to hear this advice, the best thing that you can do while you have an active court case is to stay away from social media entirely. Posting positive news, information about your in-court experience or sending an angry message can all come back to work against you in the future. You should avoid posting or talking about your case until it is closed. Even then, there is no harm in keeping things private.

Before You Head to Court, Call Mobley and Brown, LLP

If you want guidance throughout the business entity formation or employee hiring process, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs and set you up for long-term business success. Call us now at (410) 261-4952 or toll-free at (833) 355-9897.

Your Own Business

Starting Your Own Business 101

Starting your own business is a big decision and one that you should never make without consulting a lawyer first. Before you open your doors and order your inventory, here is what you need to know.

What Type of Business Is Right for You?

The structure of your business has serious legal and tax ramifications, so it’s crucial that you take your time and work with an experienced lawyer. If you choose not to establish your own business as a legal entity, you will be a sole proprietor (owner) and legally responsible for your company. That means that, if you fall into debt or face a lawsuit, you are personally accountable for the ramifications.

It’s a much better idea to structure your business with your personal financial and legal protection in mind. Some of the most common structures include:

  • Limited liability company (LLC)
  • Limited liability partnership (LLP)
  • Corporation
  • Limited partnership
  • Non-profit corporation

Laying the Groundwork for Employees

The employees that you hire, especially early in the life of your business, can make or break you. Hiring the right people and providing a great environment for growth is essential. Smart hiring and employment practices will help you to attract and retain the best employees in your field. When starting your own business, you should work with a skilled attorney to develop your employee handbook and employment policies, as well as employment and independent contractor agreements. These policies and procedures are vital to legally protecting your business, as you need to comply with a wide range of federal and state laws, from equal opportunity employment laws to minimum wage requirements.

Protecting Your Intellectual Property

Whenever you have something that is proprietary about your business, or a product that makes you unique, you need to take steps to protect those elements with copyrights, patents or trademarks. A lawyer can ensure that your branding, taglines and intellectual property are safe and secure from your competitors and opportunists.

Gathering Relevant Documents

To make the most of your time with your lawyer, you should gather up documentation in advance. As a general guideline, you should get together:

  • Your business plan
  • A pro forma balance sheet containing liabilities and assets that will be contributed to or assumed by the new business
  • A proposed list of any officers, directors or investors
  • Tax returns, corporate records or financial statements if you will be merging two businesses together
  • Any documents that have already been created including meeting minutes, notes or agreements
  • Any other documents that your lawyer asks you to bring along 

Before You Create Your Own Business, Call Mobley and Brown, LLP

If you want guidance throughout the business entity formation or employee hiring process, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs and set you up for long-term business success. Call us now at (410) 261-4952 or toll-free at (833) 355-9897.