Receiving an incorrect or delayed diagnosis can be an unsettling experience, often leading to serious health consequences and increased medical expenses. When a medical professional fails to identify a critical condition in a timely manner, patients and their families may face uncertainty. If you suspect that a doctor’s failure to diagnose your illness or injury constitutes medical malpractice, understanding your legal rights is crucial. If you’re wondering about the steps you can take and the evidence required to pursue a claim for a delayed or missed diagnosis, continue reading and consult with a Bergen County diagnosis error lawyer today.
What is Medical Malpractice?
Doctors are not required to be perfect, but they are held to a certain standard of care. This means they must provide the same level of care that another reasonably skilled doctor would provide under similar circumstances. If they fail to meet that standard of care, it is known as medical malpractice.
When it comes to diagnosis errors, these issues can include missed diagnoses, delayed diagnoses, and incorrect diagnoses. When determining whether a situation constitutes malpractice, courts will evaluate whether the doctor ignored symptoms, test results, or standard procedures. If a competent medical professional in a similar situation would have correctly identified your condition, but your doctor failed to do so, it could be considered medical malpractice.
What Can I Do if a Doctor Fails to Diagnose My Condition in NJ?
If your doctor fails to diagnose your medical condition, you may be able to pursue legal action. In order to establish medical malpractice, you must demonstrate the doctor’s negligence. For a successful claim, establish the following.
- Duty of care: Demonstrate that a doctor-patient relationship existed to prove that the doctor owed you a duty of care. This simply means that the doctor was treating you.
- Breach of duty: Establish that the doctor breached the standard of care, meaning that they made a mistake that a reasonably competent doctor wouldn’t have.
- Causation: This failure to diagnose directly caused an injury or harm. For example, the delay in treatment allowed the disease to progress.
- Damages: You suffered harm, such as medical bills, lost wages, or pain and suffering, as a result of the failure to diagnose.
Once you suspect an incorrect or missed diagnosis, you should seek a second medical opinion immediately to get the correct diagnosis and treatment. Then consult with a New Jersey attorney who specializes in medical malpractice to review your case and determine your legal options.
