Can I Sue If a Doctor Fails to Diagnose My Condition?

When a New Jersey doctor fails to diagnose a serious condition like cancer, heart disease, or a severe infection, the consequences can be devastating. Many ask: “Was this bad luck, or malpractice?” A significant failure or delay in diagnosis can be medical malpractice if the doctor’s conduct deviates from what a reasonably careful physician would do; you may be entitled to compensation. Please continue reading as we explore what you should know about these matters and how a determined Morris County Medical Malpractice Attorney can help you fight for the justice you deserve. 

When Does a Failure to Diagnose Become Medical Malpractice?

“Failure to diagnose”encompasses various patterns of medical malpractice. One scenario is the complete miss of the correct diagnosis, where a doctor dismisses serious symptoms as minor, failing to pursue the issue further. Alternatively, a doctor might reach the right diagnosis, but only after an avoidable and substantial delay. This delay is critical, as it can allow the patient’s condition to worsen, spread, or become significantly more difficult to treat.

It should be noted that not all bad outcomes are malpractice; some conditions are subtle. Malpractice occurs when a physician does not act as a reasonably competent doctor would, such as ignoring obvious signs, failing to order basic tests, or not following up on abnormal results. The law holds doctors responsible for ignoring warning signs that other trained professionals would have heeded. Common conditions involved in failure-to-diagnosis include:

• Cancer and other progressive diseases
• Heart attacks, strokes, and vascular conditions
• Infections and Sepsis

New Jersey medical malpractice for a failure-to-diagnose requires showing the doctor violated the “standard of care,” the skill and knowledge a reasonable peer would use. Key questions include: Did the doctor take a proper history, order necessary tests, correctly interpret results, and follow up promptly?

Even if the standard of care was breached, you must prove causation, that the missed or delayed diagnosis actually caused additional harm. The main legal question is: Would the outcome likely have been better with a timely diagnosis? For instance, did the delay allow cancer to advance or prevent a stroke? If expert testimony shows the prognosis would not have changed anyway, the claim is weaker.

What Evidence Can Support My Claim?

A successful medical malpractice claim in New Jersey requires three critical components of compelling evidence:

• Medical Records: These records serve as the primary evidence, detailing symptoms, tests, treatment plans, and the provider’s interpretations of a patient’s condition. They enable experts to accurately reconstruct the timeline of events and pinpoint areas for improvement in care.
• Expert Testimony: Expert witnesses, such as medical professionals in a similar field, are essential. They can establish the standard of care, evaluate how the defendant’s actions deviated, and demonstrate the direct link between the deviation and the resulting injury.
• Person Documentation and Timeline: Detailed, meticulous personal records can significantly support your case. A timeline documenting symptom onset, appointment dates, advice received, and diagnosis date is highly valuable. Notes, emails, and journals can help identify inconsistencies, request overlooked records, and show the full impact of the physician’s negligence.

If a healthcare provider’s missed or delayed diagnosis worsened your condition, you don’t have to face the consequences alone. Consulting an experienced attorney at Lutz Injury Law is in your best interest. Our legal team can help you understand your options and take steps to protect your future. Connect with our firm to schedule a consultation.