When you visit a doctor, you trust that they will listen carefully, order the right tests, and identify your condition in time to begin treatment. But when a diagnosis is missed or delayed, patients in New Jersey can suffer devastating consequences, from prolonged illness and unnecessary pain to life-threatening complications.
Understanding your rights and next steps after a medical error can help you protect your health and your future.
What Is Failure to Diagnose?
“Failure to diagnose” is a legal term that covers missed, delayed, or incorrect diagnoses. In each scenario, a healthcare provider had the opportunity and responsibility to identify a condition but failed to do so within the accepted standard of care.
In New Jersey, proving malpractice requires showing:
- Duty of care: The doctor or hospital had a responsibility to treat you.
- Deviation: They failed to act as a reasonably skilled provider would under similar circumstances.
- Causation: That failure caused your condition to worsen.
- Damages: You suffered harm as a result, such as higher medical bills, lost wages, or lasting health problems.
Why Failure to Diagnose Matters
When a medical condition goes undetected, the consequences can be devastating. A missed or delayed diagnosis often means a lost chance for early treatment, which can make an illness far more difficult to manage. Patients may face longer recovery times, more invasive procedures, or conditions that progress to advanced stages.
Families are left to cope with unexpected financial burdens, time away from work, and the emotional toll of knowing a better outcome might have been possible if the problem had been recognized sooner. This is why failure to diagnose is one of the most serious forms of medical malpractice in New Jersey.
Common Conditions That Are Frequently Misdiagnosed or Delayed
While nearly any medical issue can be overlooked, some of the most common malpractice claims in New Jersey involve:
- Cancer: Delayed diagnosis, especially of breast, lung, and colorectal cancer, can mean lost chances for early treatment.
- Stroke and heart attack: Patients may be sent home from the ER despite showing clear warning signs.
- Infections: Sepsis, meningitis, or pneumonia can become deadly if not identified quickly.
- Orthopedic injuries: Fractures or internal injuries missed on imaging can lead to long-term disability.
Time Limits for Filing a Claim in New Jersey
New Jersey law generally gives patients two years from the date the cause of action accrues or from the date they knew or reasonably should have known about the malpractice. This is called the statute of limitations and is guided by New Jersey’s discovery rule.
Special rules apply for children. For most minors, the clock does not begin until age 18, meaning they generally have until their 20th birthday to file. In cases involving birth injuries, the deadline is stricter: claims must be filed before the child’s 13th birthday.
Waiting can put your case at risk. Medical records can be lost, memories fade, and evidence becomes harder to gather over time.
New Jersey’s Affidavit of Merit Requirement
In addition to filing within the statute of limitations, New Jersey law requires an Affidavit of Merit (N.J.S.A. 2A:53A-27). Within 60 days after the defendant files an answer, your attorney must present a sworn statement from a qualified medical expert confirming that there is a reasonable basis for the malpractice claim.
The expert must practice in the same or a substantially similar specialty as the defendant, ensuring that only qualified professionals assess whether the standard of care was breached. If the affidavit is not filed, the court may dismiss the case with prejudice, meaning it cannot be refiled. This makes early legal guidance and preparation critically important.
What to Do If You Suspect a Missed or Delayed Diagnosis
If you believe a doctor’s error has harmed you, here are important steps to take:
- Seek immediate medical care: Protect your health first. Consider getting a second opinion or specialist evaluation.
- Gather documentation: Save test results, prescriptions, discharge papers, and any communications with your provider.
- Track your costs and symptoms: Keep records of medical bills, lost work, and how the delay has impacted your daily life.
- Do not wait too long: Even if you’re unsure, consult an attorney as soon as possible. New Jersey deadlines are strict, and an early start gives your lawyer time to consult medical experts and comply with affidavit requirements.
Frequently Asked Questions About Failure to Diagnose in New Jersey
1. How do I know if I have a failure to diagnose case?
If a doctor or hospital had the opportunity to identify your condition but did not, and that delay caused your health to worsen, you may have grounds for a malpractice claim. An experienced New Jersey malpractice attorney can review your records and consult with medical experts to determine whether the standard of care was breached.
2. What is the difference between misdiagnosis and delayed diagnosis?
A misdiagnosis means the doctor identified the wrong condition, while a delayed diagnosis means the correct condition was eventually discovered but not in time to provide appropriate treatment. Both can cause serious harm and may lead to malpractice claims.
3. How long do I have to file a claim in New Jersey?
Most patients have two years from the date they knew or should have known about the malpractice to file a lawsuit. Some exceptions apply, especially in cases involving children. Because New Jersey also requires an Affidavit of Merit from a qualified medical expert early in the process, consulting an attorney as soon as possible is essential.
How Andres, Berger & Tran Can Help
At The Law Offices of Andres, Berger & Tran, we understand how overwhelming it is to discover that a doctor’s failure to diagnose has cost you precious time and put your health at risk. As a legal team that includes a Certified Civil Trial Lawyer in New Jersey, a distinction held by fewer than two percent of attorneys statewide, we do more than review records.
We work closely with respected medical experts, examine every detail of your case, and prepare as if it will go before a jury. That level of preparation has allowed us to pursue justice for patients and families throughout New Jersey, across Camden County, Burlington County, Gloucester County, South Jersey, and Philadelphia.
Take the Next Step
If you or a loved one suffered harm because of a missed or delayed diagnosis in New Jersey, you do not have to face this alone. Call The Law Offices of Andres, Berger & Tran in Haddonfield today or fill out our online form to schedule a free consultation. Our team is ready to listen to your story, answer your questions, and explain your legal options.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.