When something feels off with your health, you turn to a doctor to figure out what’s wrong. That trust is foundational. But what if the answer you’re given is the wrong one—or it comes far too late? Diagnostic errors, including misdiagnosis and delayed diagnosis, can cause serious consequences, from worsening illness to loss of life. While not every mistake is grounds for legal action, some do rise to the level of medical malpractice.
When a diagnostic failure may become a medical malpractice claim, what patients should know about their legal rights, and how state laws shape these lawsuits are covered in the following legal guide.
Understanding Misdiagnosis and Delayed Diagnosis in Medical Malpractice Claims
What Is Misdiagnosis in a Medical Malpractice Case?
Misdiagnosis happens when a healthcare provider labels a patient with the wrong condition. A doctor might mistake pneumonia for a common cold or diagnose anxiety instead of a heart problem. When treatment is based on an incorrect diagnosis—or no treatment is given at all—the consequences can be serious.
What Is a Delayed Diagnosis?
A delayed diagnosis occurs when the correct condition is eventually discovered, but not promptly. That lag can mean a lost opportunity to treat the issue early, when intervention might’ve made the biggest difference. In both cases, consulting a medical malpractice lawyer can help you understand if legal action is appropriate.
Are All Misdiagnoses Medical Malpractice?
Not necessarily. A misdiagnosis or delayed diagnosis only qualifies as malpractice if the physician failed to meet the professional standard of care and that failure caused actual harm. A medical malpractice attorney can help determine whether your experience meets that legal threshold.
When Does a Diagnostic Error Become a Medical Malpractice Lawsuit?
To pursue a medical malpractice claim, you generally need to prove four elements:
- A provider-patient relationship existed.
- The provider breached the standard of care.
- That breach caused injury or worsening of the patient’s condition.
- The harm led to specific damages.
A skilled medical malpractice lawyer can guide you through collecting evidence, expert opinions, and supporting records to build a strong case.
Conditions Often Misdiagnosed or Diagnosed Too Late
Medical malpractice lawsuits related to diagnosis frequently involve the following conditions:
- Certain cancers (e.g., breast, lung, colon)
- Heart attacks and strokes
- Sepsis, meningitis, or other serious infections
- Blood clots or embolisms
These are time-sensitive conditions that require swift and accurate diagnosis. A delay can be life-threatening.
The Legal Process in a Medical Malpractice Claim
Statute of Limitations for Filing a Medical Malpractice Lawsuit
Each state has specific time limits. In New Jersey, patients typically have two years from the date they discovered—or should have discovered—the misdiagnosis or delay. Missing this deadline can bar you from filing.
The Role of a Certificate of Merit
States like New Jersey require plaintiffs to file a certificate of merit, a document signed by a qualified medical expert stating that your claim has a valid basis. A medical malpractice attorney will help you secure this document and meet all legal filing requirements.
What Compensation Can You Seek?
A successful medical malpractice claim may entitle you to damages such as:
- Medical expenses (past and future)
- Lost income or reduced earning potential
- Pain and suffering
- Emotional distress
Your attorney can help assess the full value of your case based on medical records and expert testimony.
Suspect a Diagnostic Error? Here’s What to Do
If you believe your condition was worsened by a misdiagnosis or delayed diagnosis:
- Request your complete medical records. These can include lab results, imaging, and physician notes.
- Seek a second opinion. Another provider can help clarify your current diagnosis and uncover past mistakes.
- Consult a medical malpractice lawyer. An attorney can review your case and connect with medical experts to assess whether the standard of care was breached.
Expert Testimony in Misdiagnosis and Delayed Diagnosis Cases
A strong medical malpractice lawsuit relies on expert testimony. A physician in the same field must testify that the defendant acted outside the accepted standard of care and that this directly caused your injury.
A medical malpractice attorney will coordinate with these experts and ensure the right evidence is presented.
Call Brandon J. Broderick For Legal Help
A delayed diagnosis or misdiagnosis can change your life. If you believe a doctor’s error caused you unnecessary suffering or impacted your recovery, Brandon J. Broderick, Attorney at Law, can help.
Our experienced legal team understands how to investigate, document, and pursue complex medical malpractice claims. We’ll fight for the compensation you deserve and guide you every step of the way.
Contact us today for a free consultation with a dedicated medical malpractice lawyer. Let’s talk about how we can support your path to justice.