New Jersey Medical Misdiagnosis Lawyers
Medical errors by New Jersey doctors, hospitals, and other medical professionals involving the misdiagnosis of diseases and other medical conditions are relatively common. Such instances of medical malpractice can lead to the worsening of the condition, difficulty in curing the condition, or death of the patient.
What is Misdiagnosis?
Medical misdiagnosis occurs when a healthcare professional fails to properly identify or diagnose a patient’s medical condition. This can happen in several ways:
Types of Misdiagnosis
- Incorrect diagnosis: The doctor mistakes one medical condition for another.
- Failure to diagnose: The doctor fails to recognize that the patient has a medical condition.
- Delayed diagnosis: The correct diagnosis is made, but after a significant delay.
- Missed related condition: The doctor identifies one illness but fails to recognize a related condition.
Causes of Misdiagnosis
Medical Misdiagnosis can occur due to various factors, including:
- Miscommunication between doctor and patient
- Inexperience or overconfidence of healthcare providers
- Faulty medical equipment
- Fragmentation of care across multiple providers
- Errors in lab testing or interpretation of results
Medical Misdiagnosis Statistics
A recent survey commissioned by the National Patient Safety Foundation (NPSF) asked people if they had ever experienced a misdiagnosis or medical mistake. Forty-two percent of those surveyed reported they had been involved in a “medical mistake.” Another 40% stated they had been party to a misdiagnosis or treatment error; however, they did not differentiate between treatment error and misdiagnosis. About 8% of the respondents claimed misdiagnosis was a primary causal factor in the medical error. Another 9% said their doctor did not make an adequate diagnosis from the start. These rates of medical malpractice due to a misdiagnosis appear to be at least as high, if not higher, in New Jersey.
Studies on misdiagnosis in the Emergency Room have shown misdiagnosis rates by an emergency room doctor are between 20-30%. Due to the hectic nature of New Jersey emergency rooms and the serious and time-critical aspects of those who present there, the rates would be expected to be higher.
Common Types of Medical Diagnostic Errors
The following are examples of some of the more common types of diagnostic errors:
Delayed Diagnosis
A delayed diagnosis occurs when a correct diagnosis is made, but later than it should have been. This is particularly problematic for conditions like cancer, where early detection and treatment are crucial. Delays can happen due to various factors, including:
- Failure to order appropriate tests in a timely manner
- Delays in following up on test results
- Not recognizing the urgency of certain symptoms
Missed Diagnosis
In a missed diagnosis, the doctor fails to identify any medical condition at all, telling the patient they are healthy when they actually have an undiagnosed illness. This can lead to a lack of necessary treatment and potential worsening of the condition.
Wrong Diagnosis
A wrong diagnosis occurs when a doctor incorrectly identifies a patient’s condition as something it is not. For example:
- Mistaking a heart attack for indigestion
- Diagnosing chronic fatigue syndrome instead of lupus
- Misidentifying Lyme disease as the flu
These errors can be particularly dangerous as they may lead to inappropriate treatments while the actual condition remains untreated.
Failure to Diagnose Related or Concurrent Conditions
Sometimes a doctor may correctly diagnose one condition but fail to recognize other related or concurrent diseases. This partial diagnosis can result in incomplete treatment and potential complications.
Failure to Recognize Complications
Even when a diagnosis is correct, a doctor might fail to identify factors that complicate the disease or affect its progression. This oversight can impact the effectiveness of treatment.
Emergency Room Misdiagnosis
Diagnostic errors in emergency rooms are particularly concerning due to the often critical nature of patients’ conditions. Common ER diagnostic errors include:
- Misreading x-rays
- Failing to recognize heart attacks, especially in women
- Misdiagnosing stroke symptoms
Common Medical Misdiagnosis Lawsuits in New Jersey
A large portion of medical malpractice lawsuits in New Jersey are filed due to misdiagnosis or delayed treatment. The six most misdiagnosed conditions are:
- Lung cancer.
- Colon cancer.
- Appendicitis.
- Breast cancer.
- Strokes.
- Heart attacks.
Usually, misdiagnosis occurs when a patient presents with a non-typical condition, such as a young person having an acute heart attack. Results may vary depending on your particular facts and legal circumstances.
How Do You File a Medical Misdiagnosis Case?
Filing a medical misdiagnosis case in New Jersey requires several important steps and considerations. Having a skilled medical misdiagnosis lawyer is crucial throughout this process. You and your defense team will need to do the following:
- Gather Medical Records: Collect all relevant medical records, including test results, doctor’s notes, and treatment plans.
- Consult a Medical Expert: Before filing, a medical expert must review your case to determine if there is a reasonable basis for a malpractice claim.
- File a Certificate of Merit: New Jersey law requires attaching a Certificate of Merit to the lawsuit, stating that an expert believes there are grounds for the case.
- File the Lawsuit: Your attorney will draft and file the complaint with the appropriate court, detailing the allegations of malpractice.
By having a skilled medical misdiagnosis lawyer, you significantly increase your chances of a successful outcome in your case. They can handle the complex legal and medical aspects, allowing you to focus on your recovery while ensuring your rights are protected and you receive the compensation you deserve.
New Jersey Medical Misdiagnosis Attorneys
At the New Jersey law firm of Mazie Slater Katz & Freeman, our medical misdiagnosis lawyers have extensive experience representing victims of medical malpractice where a doctor has misdiagnosed a condition or disease, such as a $4,750,000 settlement for failure to diagnose stomach cancer and a $950,000 settlement for failure to diagnose breast cancer. We also had a $4.5 million case settlement for failure to diagnose malaria.
If you or a loved one is a victim of medical malpractice due to misdiagnosis by a doctor, contact the New Jersey medical misdiagnosis lawyers at Mazie Slater Katz & Freeman. We will get back to you as soon as possible to discuss your medical misdiagnosis case.