Depending on the circumstances of the situation, you may be able to sue a doctor if their failure to diagnose your medical condition led to damages and harm. Continue reading and contact an experienced New Jersey diagnosis errors lawyer today.
What is a Failure to Diagnose?
A failure to diagnose means that a doctor did not identify a medical condition that they reasonably should have. It’s a form of medical negligence that occurs when a proper or timely diagnosis would have led to prompt treatment and a better outcome, but the delay or failure to identify the condition caused the patient’s injury or worsened their prognosis. This is different from a misdiagnosis, which occurs when the doctor identifies the wrong condition.
A failure to diagnose could include misreading test results, ignoring symptoms, or failing to order appropriate tests. It can be considered a form of medical malpractice under certain circumstances.
Can I Sue a Doctor for a Failure to Diagnose in NJ?
Yes, it is possible to sue a doctor for failing to diagnose your medical condition in New Jersey. However, specific legal standards must be met. In order for the doctor to be held accountable, they must have been negligent in some way. Not every missed diagnosis is considered negligence. Medicine is a complex practice, and doctors cannot be expected to be perfect 100% of the time.
However, if the doctor failed to diagnose your condition when a reasonably competent doctor would have done so successfully in a similar situation, it can be considered negligent, and you can pursue compensation.
How Can I Prove My Doctor’s Negligence?
To successfully sue a doctor for negligence due to a failure to diagnose in New Jersey, you must prove four specific elements of medical malpractice:
- Establish that the doctor owed you a duty of care. Once a doctor accepts you as a patient, they have a legal duty to provide competent care.
- Prove that the doctor breached the professional standard of care. This refers to the skill and care that a reasonably prudent and competent doctor in the same field would have used under similar circumstances.
- Show causation, meaning the doctor’s breach of duty directly caused you harm or injury. You must prove that the delay or failure to diagnose made your condition worse or led to new injuries that would not have occurred had the diagnosis been made correctly.
- Demonstrate that you suffered compensable damages as a result of the negligence. This means you sustained actual losses and injuries.
If your lawsuit is successful, you could recover compensation for medical bills and costs associated with your condition, lost wages or reduced earning capacity due to the worsening condition, physical pain and suffering, and other related non-economic losses.
Your lawyer can help you gather and present evidence proving that your doctor was negligent in failing to diagnose your condition. Reach out to a skilled legal professional for representation today.