When a doctor or healthcare provider fails to treat you in a timely manner, and that delay causes you harm, you may have a delayed treatment claim in New Jersey. To succeed, you’ll need to prove the provider failed the standard of care, the delay directly caused your injury, and you suffered real damages as a result. It can be an uphill climb to prove the medical provider’s malpractice, and even harder to stand up to their insurance company.
This is why victims of medical malpractice in NJ call on The Grossman Law Firm for legal assistance. As a respected personal injury law firm serving clients throughout New Jersey, The Grossman Law Firm has helped many individuals pursue justice when medical negligence caused them harm. We understand how New Jersey courts apply these laws and what it takes to build a strong case against healthcare providers who failed to act in time.
Talk to us in a free consultation. With Grossman Law, you won’t have to pay legal fees until we win for you.
Why Trust The Grossman Law Firm With Your Delayed Treatment Case
- Proven track record: Won deca-millions for clients, including seven-figure settlements in complex injury cases
- Decades of experience: Led by Attorney Scott D. Grossman, who has over 27 years of experience in the areas of personal injury and wrongful death
- Top-rated in the legal field: Earned the highest ratings from independent law firm reviews, including a perfect 10.0 Superb score from Avvo
- Client-oriented law firm: Fights companies and insurers while treating each client like family
- No fee until you win: Contingency billing means you never pay us out of pocket – we only get paid based on what we win for you.
When you work with The Grossman Law Firm, your case is handled by highly experienced attorneys with a team that sincerely cares for your recovery. We skillfully fight negligent medical providers and their insurance companies, compelling them to do the right thing and pay what you’re owed. Throughout the process, you’ll get consistent communication from our team so you understand the progress of your case and won’t have to anxiously wait for your calls to be returned.
Don’t hesitate to contact us for your free consultation with The Grossman Law Firm. Call (732) 625-9494 today.
What Is Delayed Treatment?
Delayed treatment happens when a healthcare provider takes too long to diagnose or treat a medical condition. The delay might occur because a doctor failed to order the right tests, misread results, didn’t refer you to a specialist when needed, or simply didn’t act quickly enough given your symptoms.
Not every delay rises to the level of medical malpractice. Medicine involves judgment calls, and some conditions are hard to diagnose. But when a competent doctor in the same specialty would have acted sooner, and that faster action would have prevented your harm, you may have a valid claim.
Common delayed treatment scenarios include:
- Cancer that spread because a doctor didn’t order timely screening tests
- Heart attacks or strokes that worsened due to delayed emergency care
- Infections that became severe because antibiotics weren’t prescribed soon enough
- Conditions that required more invasive treatment because early intervention didn’t happen.
Legal Requirements for a Delayed Treatment Claim
New Jersey law requires you to prove four key elements in any medical malpractice case, including delayed treatment claims.
Standard of Care
First, you must show that the healthcare provider owed you a duty of care. This duty exists whenever a doctor-patient relationship is established. The standard of care is what a reasonably competent medical professional in the same field would do under similar circumstances.
Breach of That Standard
Second, you must prove the provider breached the standard of care by delaying treatment. This typically requires expert testimony from another physician in the same specialty who can explain what should have happened and when.
Causation
Third, you must demonstrate a direct link between the delay and your injury. This means proving that earlier treatment would have led to a better outcome. If your condition had progressed the same way regardless of timing, there’s no viable claim.
Damages
Finally, you must show that you suffered actual harm. This includes physical suffering, additional medical expenses, lost wages, emotional distress, and reduced quality of life.
New Jersey’s Affidavit of Merit Requirement
New Jersey has specific procedural rules for medical malpractice cases. Under New Jersey’s medical malpractice laws, within 60 days after the defendant files their answer to your claim, you must provide an Affidavit of Merit. This sworn statement from a qualified medical expert confirms there’s a reasonable probability that the provider’s care fell below acceptable professional standards.
This requirement exists to ensure claims have genuine merit before proceeding through the court system. Without a proper affidavit of merit, your case may be dismissed.
Time Limits for Filing Your Claim
In general, New Jersey’s statute of limitations gives claimants two years to file a medical malpractice lawsuit, from the date of the negligent act. However, the “discovery rule” can extend this deadline in delayed treatment cases.
The discovery rule recognizes that patients don’t always know immediately that something went wrong. If you couldn’t reasonably have discovered the malpractice until later, your two-year window may begin from the date you learned (or should have learned) about the harm.
For example, if a doctor failed to diagnose cancer in 2022, but you didn’t discover this until 2024 when another physician identified the condition, your time to file may run from 2024.
Special rules apply to children. For most injuries to minors, the statute of limitations doesn’t begin until the child turns 18, giving them until age 20 to file. Birth injury claims have a different deadline and must be filed before the child turns 13.
How Courts Evaluate These Cases
New Jersey courts look carefully at what information the healthcare provider had at the time, what a competent physician would have done with that information, and whether faster action would have changed the outcome.
Expert testimony plays a central role. Attorney Scott D. Grossman and our legal team work with qualified medical experts who can review records, identify where treatment fell below acceptable standards, and explain how earlier intervention would have prevented harm.
Courts also consider whether the patient contributed to the delay. If you missed follow-up appointments, ignored symptoms, or didn’t follow medical instructions, this could reduce your recovery under New Jersey’s comparative negligence rules.
Supporting Data on Diagnostic and Treatment Delays
Research confirms that delayed diagnosis and treatment remain serious patient safety concerns.
According to the Agency for Healthcare Research and Quality, an estimated 795,000 Americans become permanently disabled or die each year due to diagnostic errors. These errors include diagnoses that are inaccurate, delayed, or not properly communicated to patients. The same federal agency reports that roughly 5% of US adults experience a diagnostic error in outpatient settings each year.
When delayed or missed diagnoses occur in emergency departments, the AHRQ’s systematic review found that approximately 2% of patients suffer adverse events as a result, with some experiencing permanent disability or death.
Frequently Asked Questions
How do I know if my delayed treatment qualifies as malpractice?
A treatment delay becomes malpractice when a competent provider in the same specialty would have acted sooner, and that earlier action would have prevented your harm. An experienced attorney can review your medical records and consult with experts to evaluate your case.
What compensation can I recover in a delayed treatment case?
You may recover costs for additional medical treatment, lost income, pain and suffering, and other losses caused by the delay. New Jersey doesn’t cap compensatory damages in medical malpractice cases, meaning the law does not limit how much compensation you may claim, whether for economic or non-economic losses. Punitive damages, however, are capped at $350,000 or five times your compensatory damages, whichever is greater, but these only apply in cases involving extreme misconduct.
Can I sue a hospital for delayed treatment?
Yes. Hospitals can be held liable for delays caused by their systems, policies, or employed staff. This might include emergency room delays, failures in communication between departments, or inadequate staffing that contributed to your harm.
What if I signed a consent form before treatment?
Consent forms don’t waive your right to sue for malpractice. They acknowledge risks inherent to treatment, not negligent delays in providing care. A signed consent form won’t prevent you from pursuing a valid delayed treatment claim.
Key Points to Remember
- Delayed treatment claims require proof that a provider breached the standard of care and that the delay directly caused your harm
- New Jersey requires an affidavit of merit from a qualified medical expert within 60 days (and possible additional days for good cause, with a maximum of 120 days) of the defendant’s answer.
- You generally have two years to file, but the discovery rule may extend this deadline if you couldn’t have known about the malpractice sooner.
- Expert testimony is essential to establish what should have happened and how earlier treatment would have changed your outcome.
- New Jersey doesn’t cap compensatory damages, meaning you can pursue full recovery for your losses.
Contact The Grossman Law Firm for Help With Your Personal Injury Case
If you or a loved one suffered harm because a healthcare provider delayed necessary treatment, you deserve answers and the negligent provider has to be held accountable. Medical malpractice claims are complex and time limits apply. Don’t hesitate to contact The Grossman Law Firm for help.
Scott D. Grossman, Esq. is a top-rated personal injury attorney in New Jersey. Visit his attorney profile to learn more about his experience and results.
Call (732) 625-9494 to schedule a free consultation. We’re ready to listen to your story, guide you on your options, and provide high-quality representation in a medical malpractice case.
