Third Time’s a Charm in Wrongful Death Suit?

The Maryland court of appeals is giving the family of Pearline Brown Rice, who died of cancer after a tumor was misdiagnosed as arthritis, a third chance to fight their wrongful death suit.  The original case ended in favor of the family, awarding them over $11 million, but was overturned, and the first appeal denied.  A judge recently granted them another chance to pursue their claim.

In March 2001, Rice went to the University of Maryland Medical Center complaining of knee pain.  She was diagnosed as having osteoarthritis.  What she really had was a ruptured cancerous cyst, which went undiagnosed for several months.

By the time the disease was discovered, Rice had already lost precious time.  She underwent surgery, amputation, radiation and chemotherapy, but it was too late.  She died in March 2003.

In April 2006, a jury found in favor of Rice’s children, awarding them $11,003,000 in damages, but just a few months later the Medical Center was granted a new trial after a judge concluded that the verdict ran counter to the weight of evidence.

The second time around, the family’s suit was dismissed based on a new requirement that an expert’s opinion be filed along with a lawsuit and an issue involving the statute of limitations.  The Court of Special Appeals found that decision to be incorrect, and has again breathed new life into the wrongful death suit.

A verdict in favor of the defendant or a dismissal of your case doesn’t necessarily mean it’s over.  A good medical attorney will know if you have a chance to appeal your case and how to go about doing so in a timely manner.  If you have found yourself in this type of situation, speak to a medical lawyer about it today.