When a doctor has misdiagnosed you or your loved one, it leads to a mountain of distress: more medical bills, more lost income, and more limitations to your daily life, on top of the original untreated health condition. In New Jersey, if the provider was negligent in their diagnosis, you may have a medical malpractice claim that can provide much-needed compensation. However, claiming your rightful compensation can be an uphill climb without a lawyer.
Get the legal help of The Grossman Law Firm. As a personal injury firm serving New Jersey, we understand how misdiagnosis cases unfold in the state’s courts and how to assert your rights. With over 27 years of experience, we have won millions of dollars for clients harmed by negligent providers.
We offer a free consultation at The Grossman Law Firm. You won’t pay us anything until we win for you.
What Is Medical Misdiagnosis?
Medical misdiagnosis happens when a doctor or other healthcare provider incorrectly identifies a patient’s condition. This can take several forms:
- A missed diagnosis occurs when a provider fails to identify any condition at all, sending a patient home without answers.
- A wrong diagnosis involves identifying the wrong illness or injury entirely.
- A delayed diagnosis means the correct condition is eventually identified, but not until after a harmful delay in treatment.
Any of these scenarios can have serious consequences. When a condition like cancer, a heart attack, or a stroke goes undiagnosed or is mistaken for something less serious, the window for effective treatment can close quickly.
In New Jersey, a medical misdiagnosis claim can be successful if three elements are established:
- First, a doctor-patient relationship must have existed.
- Second, the healthcare provider must have deviated from the standard of care, meaning they did not act as a reasonably competent provider in the same specialty would have under similar circumstances.
- Third, this deviation must have directly caused harm to the patient.
If you’re not sure whether you have a legal claim regarding your misdiagnosis, please don’t hesitate to talk to us at Grossman Law. In a free consultation, we’ll listen to your story, evaluate your case, and provide clear guidance on your legal options.
How New Jersey Law Handles Misdiagnosis Claims
New Jersey’s medical malpractice laws set specific requirements that patients must follow when pursuing a misdiagnosis claim. Understanding these rules is essential for protecting your legal rights.
Time Limits for Filing
Under New Jersey personal injury laws, patients have two years in general to file a medical malpractice lawsuit. This two-year period typically begins on the date the alleged malpractice occurred.
However, New Jersey courts recognize something called the discovery rule. This rule acknowledges that patients don’t always know right away that they’ve been harmed by a medical error. Under the discovery rule, the two-year clock may not start until the patient knew, or reasonably should have known, that a healthcare provider’s negligence caused their injury.
For example, if a doctor misread a scan and missed a tumor in 2022, but the patient didn’t learn about the error until 2024, the two-year period may begin in 2024 rather than 2022. That said, patients relying on this rule must be prepared to show they couldn’t have reasonably discovered the error any sooner.
Different rules apply for children. If a minor is the victim of medical malpractice, the statute of limitations is generally tolled (paused) until they turn 18.
The Affidavit of Merit Requirement
New Jersey law includes an additional step designed to ensure that malpractice claims have a legitimate basis. Within 60 days after a defendant files their answer to the complaint, the patient must provide an Affidavit of Merit from a qualified medical expert.
This document is a sworn statement from a physician in the same field as the defendant. The expert must state that there is a valid probability that the defendant’s care fell below acceptable professional standards. Without this affidavit, the court may dismiss the case.
This requirement adds complexity to misdiagnosis claims, but it also serves to filter out claims that lack medical support. Working with an experienced attorney early in the process can help ensure this requirement is satisfied on time.
How Courts Evaluate Misdiagnosis Cases in New Jersey
New Jersey courts look at several factors when evaluating whether a misdiagnosis constitutes malpractice. These factors include, but are not limited to:
The Standard of Care
The central question is whether the healthcare provider acted as a reasonably competent professional in the same specialty would have under similar circumstances.
Expert testimony plays a critical role. Both sides typically present medical experts who offer opinions on whether the defendant met the standard of care. The jury considers this testimony alongside the patient’s medical records, test results, and other evidence.
Causation
Courts also examine the chain of causation. It’s not enough to show that a doctor made a mistake. The patient must demonstrate that the mistake directly caused their harm. If a condition would have progressed the same way regardless of the misdiagnosis, a malpractice claim may not succeed.
Share of Negligence
New Jersey follows a modified comparative negligence rule. If a patient is found partially responsible for their injuries, perhaps by failing to follow up on recommended testing, their recovery may be reduced proportionally. However, if the patient is found 50% or less at fault (at fault 51% or more), they cannot recover any damages.
Attorney Scott D. Grossman, Esq. and our team at The Grossman Law Firm understand how to build compelling arguments in these cases. Our experience with New Jersey’s medical malpractice system allows us to anticipate challenges and present evidence effectively.
Common Types of Misdiagnosis Cases
Heart Conditions
Heart attacks are frequently misdiagnosed, particularly in women and younger patients who may not fit the typical profile. Symptoms like fatigue, nausea, or jaw pain can be mistaken for anxiety or acid reflux.
Stroke
When a patient presents with dizziness or headaches rather than classic stroke symptoms, doctors may attribute the problem to something less serious, like a migraine or ear infection. The delay in treatment can lead to permanent brain damage or death.
Cancer
Lung, breast, colorectal, and skin cancers are among those most often missed or incorrectly identified. When cancer goes undetected, it has time to spread, often reducing a patient’s treatment options and survival odds.
Infections
Infections like sepsis, meningitis, and pneumonia can also be misdiagnosed, especially in their early stages when symptoms overlap with less serious conditions.
Supporting Data on Diagnostic Errors
The scope of misdiagnosis in the United States is staggering. Research published by the Agency for Healthcare Research and Quality estimated that approximately 795,000 Americans become permanently disabled or die each year due to diagnostic errors.
A separate study found that roughly 23% of patients treated at academic medical centers experienced a diagnostic error. Among those patients, about 17% of the errors caused temporary harm, permanent harm, or death.
These numbers highlight that misdiagnosis isn’t rare. It happens in emergency departments, outpatient clinics, and hospitals across the country. When it does, patients and their families deserve to understand their legal options.
Frequently Asked Questions
How do I know if I have a misdiagnosis case?
You may have a case if a healthcare provider failed to correctly diagnose your condition, that failure fell below the accepted standard of care, and you suffered harm as a result. A medical expert must typically review your records to determine whether malpractice occurred.
What damages can I recover in a New Jersey misdiagnosis lawsuit?
Patients may seek compensation for medical expenses, lost wages, pain and suffering, and other losses related to the misdiagnosis. New Jersey does not cap (limit) compensatory damages in medical malpractice cases, though punitive damages are limited.
If your family member tragically died after getting misdiagnosed, you may have a wrongful death claim. This can compensate you for funeral and burial expenses, related medical bills, lost benefits, and lost companionship, among others. Reach out to us at Grossman Law regarding your potential wrongful death case.
Can I sue if the doctor made an honest mistake?
Medical malpractice isn’t about punishing honest mistakes. It’s about holding providers accountable when their care falls below what’s expected of a competent professional. Even well-intentioned errors can form the basis of a claim if they represent a deviation from the standard of care.
What if I didn’t realize I was misdiagnosed until years later?
New Jersey’s discovery rule may allow you to file a claim even if the misdiagnosis happened more than two years ago, as long as you file within two years of when you knew or should have known about the error. Our attorney at The Grossman Law Firm can help you determine whether your claim is still timely.
Key Points to Remember
- Misdiagnosis claims in New Jersey require proof that a provider deviated from the standard of care and that this deviation caused harm.
- The statute of limitations is generally two years, but the discovery rule may extend this timeline in certain cases.
- An affidavit of merit from a qualified medical expert is required within 60 days of the defendant’s answer.
- Stroke, heart attack, cancer, and infections are among the most commonly misdiagnosed conditions.
- New Jersey follows modified comparative negligence, which may reduce or bar recovery if the patient shares fault.
Contact The Grossman Law Firm for Help With Your Personal Injury Case
If you or someone you love suffered harm because of a misdiagnosis, you don’t have to face this situation alone. The Grossman Law Firm can review your case and help you understand your options.
Scott D. Grossman, Esq. is a top-rated New Jersey personal injury attorney. Visit Attorney Scott Grossman’s profile to learn more about his experience and results. Call (732) 625-9494 to schedule a free consultation.
