A misdiagnosis can change the course of your health, your life, and your future. When a doctor fails to identify an illness or injury in time, patients often face more aggressive treatments, irreversible harm, or even a shortened lifespan. In New Jersey, you have the right to hold negligent medical providers accountable through a medical malpractice claim, but success depends on having strong, well-documented evidence.
At The Law Offices of Andres, Berger & Tran, we understand how difficult it is to gather proof when you are also coping with the emotional and physical toll of a misdiagnosis. Our legal team guides clients through every step of this process, helping them obtain, organize, and safeguard the documentation needed to support a medical malpractice claim in New Jersey.
Why Evidence Matters in a Misdiagnosis Claim
In New Jersey, a medical malpractice case must prove three critical elements:
- The medical provider owed you a duty of care.
- The provider breached that duty by failing to meet accepted medical standards.
- That failure directly caused you harm.
Every piece of evidence you gather strengthens your ability to meet these legal requirements. Without it, your claim may lack the detail and credibility needed to hold a hospital, clinic, or individual provider responsible. Because procedure can be just as important as proof, keep these New Jersey requirements in mind.
New Jersey law requires most medical malpractice plaintiffs to serve an Affidavit of Merit from a qualified medical professional within sixty days after each defendant files an answer, unless the court grants a limited extension for good cause.
In many cases, that expert must practice in the same specialty or subspecialty as the provider whose care is at issue, consistent with New Jersey’s expert-qualification statute.
The following checklist outlines the most important records and documentation to secure as soon as possible if you believe you have been harmed by a misdiagnosis.
The Misdiagnosis Claim Evidence Checklist
1. Complete Medical Records
Request your entire medical file, including:
- Doctor’s notes and examination reports
- Lab and imaging results (X-rays, MRIs, CT scans, pathology reports)
- Prescription records
- Hospital discharge summaries
- Any referrals to specialists
These documents provide the foundation for determining what information your provider had and how they interpreted it. Under Federal HIPAA rules, providers generally must provide access to your records within thirty days of your request, with limited exceptions.
2. Timeline of Your Medical Care
Create a detailed account of:
- When you first sought treatment
- Symptoms you reported
- Tests ordered and when they were performed
- Follow-up visits or consultations
- The date of the correct diagnosis
This timeline helps illustrate delays, missed opportunities for diagnosis, or points where further testing should have been ordered.
3. Second Medical Opinions
If another doctor later gave you the correct diagnosis, request written records from that provider. A second opinion can be powerful evidence showing what should have been recognized earlier.
4. Test Results and Comparisons
Secure copies of all diagnostic test results and compare early findings to later ones. These comparisons can show whether an abnormality was visible or measurable at the time of the original misdiagnosis.
5. Personal Symptom Journal
Your firsthand account can be compelling. Include:
- Dates and descriptions of symptoms
- How your condition progressed
- Any changes in daily activities or ability to work
This human element adds depth beyond what medical records alone can convey.
6. Communication with Medical Providers
Save copies of emails, messages, and letters between you and your healthcare team. Notes from phone calls or in-person visits can help establish what concerns you raised and how they were addressed. Preserve originals whenever possible and avoid altering documents.
New Jersey courts can address destroyed or altered records with remedies such as an adverse inference instruction, which means the judge may tell the jury they are allowed to assume the missing or altered evidence would have been unfavorable to the party who destroyed or changed it.
7. Financial and Lifestyle Impact Records
Document how the misdiagnosis affected you financially and personally:
- Lost wages or reduced earning capacity
- Additional medical expenses
- Costs for rehabilitation, home care, or adaptive equipment
These records support claims for economic and non-economic damages.
What to Do If You Cannot Access Certain Records
New Jersey law allows patients to request their own medical records, but some facilities can take time to respond. If you encounter delays or refusals, an attorney can step in to make formal requests, ensure deadlines are met, and preserve evidence before it is lost or altered.
Taking the Next Step
The sooner you begin collecting evidence, the stronger your misdiagnosis case will be. New Jersey generally gives two years from when a malpractice claim accrues, which can be affected by the discovery rule. Specific timelines can vary, for example in wrongful death or matters involving minors, so prompt legal guidance is important.
If the claim involves a public hospital or a public employee, New Jersey’s Tort Claims Act may require a notice of claim within ninety days of when the claim arises, which is a separate step from filing a lawsuit.
At The Law Offices of Andres, Berger & Tran, we have decades of experience building compelling malpractice claims for clients across New Jersey. Our team works closely with medical experts to review your records, identify errors, and build the strongest possible case we can on your behalf.
If you or someone you love suffered harm because of a misdiagnosis, contact us today. We represent clients throughout Camden County, Gloucester County, and across the state. Call us or fill out our online form today to schedule a free, confidential consultation and learn how we can help protect your rights and seek the justice you deserve.
Disclaimer: This blog is for informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with The Law Offices of Andres, Berger & Tran. For advice about your situation, please contact a licensed attorney.