Is Failure To Diagnose Medical Malpractice?

Is Failure To Diagnose Medical Malpractice?

When we are patients in a hospital, we depend on health care providers to provide accurate and timely diagnoses for our conditions so that we are able to receive the correct type of treatment we need. However, when a health care professional fails to correctly diagnose a patient’s conditions, they could suffer potentially catastrophic consequences. 

If a physician fails to diagnose a medical condition, resulting in the patient suffering injury or death, the physician could be found liable for medical malpractice. The experienced team of New Jersey medical malpractice attorneys at Brady, Brady, & Reilly, LLC knows when a patient has a strong case against a negligent health care provider. We know of the risks faced by patients with undiagnosed conditions, and we will work diligently to help you build a strong case.

Below we will discuss many kinds of possible diagnostic cases that can constitute medical malpractice. 

Failure to Diagnose

Failure to diagnose takes place when a physician is unable to assess the type of medical condition suffered by the patient.

When a physician is unable to diagnose a patient’s condition, it can lead to many complications, including the worsening of the patient’s condition and even the deterioration of his or her health over time. This can lead to the patient requiring more intensive procedures, or it could even reach a point where treatment will be unable to heal the patient’s symptoms. 

A New Jersey medical malpractice lawyer can examine the many factors involved in a medical malpractice case involving failure to diagnose. This could include determining if another competent physician of similar training would have been able to recognize the symptoms of the patient and correctly diagnose the condition. 


A misdiagnosis takes place when a physician diagnoses the patient with the incorrect illness, injury, or kind of medical condition.

An incorrect diagnosis may occur when the patient is suffering from symptoms that could be confused with another kind of medical condition. Commonly misdiagnosed conditions include:

  • Cancer
  • Heart Attack
  • Asthma
  • Stroke
  • Lymph Node Inflammation
  • Staph Infection

When a health professional examines the patient, he or she is required to carefully document the patient’s reported symptoms. A lawyer will closely examine the steps taken by the doctor to obtain his or her diagnosis and if another physician provided with the same information would have reached the same diagnosis. 

Delayed Diagnosis

Delayed diagnosis takes place when a doctor fails to make an accurate diagnosis in a timely fashion. Delayed diagnosis can be caused by a failure to:

  • Test for certain medical conditions
  • Refer the patient to a relevant specialist
  •  Discuss symptoms with the patient in-depth
  • Investigate possible sources of reported symptoms

When Is It Considered Medical Malpractice?

A failure to diagnose is considered medical malpractice when it results in harm to the patient. There are four primary factors that our New Jersey medical malpractice lawyers will closely examine when reviewing your claim in order to determine if misdiagnosis can be considered medical malpractice:

  • The health care professional agreed to diagnose your condition, therefore establishing a patient-doctor relationship.
  • The health care professional’s misdiagnosis was below the standards of care within the medical community. Usually, we will consider if another physician with similar training and experience would have recognized your symptoms and reached the correct diagnosis.
  • A causal link exists between the health care professional’s misdiagnosis and the injuries you suffered. This means that had the health care professional accurately diagnosed your condition, you would not have suffered an injury or worsened condition.
  • You suffered measurable damages resulting from the health care provider’s misdiagnosis. Measurable damages could include the expense of additional medical treatment required to treat your condition or the wages lost while recovering from your condition.

Schedule a Consultation Today With a Medical Malpractice Lawyer

If you or a loved one has sustained injuries or illness caused by a health care professional’s failure to properly diagnose a medical condition, you could be able to recover lost compensation by pursuing a medical malpractice case.

At Brady, Brady, & Reilly, LLC, our team of New Jersey medical malpractice attorneys will provide you the consultation you need to determine if you have grounds for a case against a negligent physician. We are here to make sure that you obtain the compensation you need to recover after suffering at the hands of a trusted medical professional. You have nothing to risk reaching out to see if you have a case.

Medical Malpractice Injuries in New Jersey

Is Failure To Diagnose Medical Malpractice?Medical facilities are meant to be places of healing where we can go to seek treatment for illness. When we’re sick of hurt, we go there to obtain treatment from trained and competent health care professionals. However, this isn’t always the case. Many people across the country are seriously injured at the hands of trusted medical professionals, who sometimes worsen their conditions and cause them to suffer severe injuries. 

According to the Institute of Medicine, around 100,000 people die to medical mistakes each year across the United States, but less than 10 percent of victims ultimately pursue medical malpractice claims to recover damages related to their injuries. Medical errors don’t always constitute medical malpractice, and injured victims need to consult with an accomplished New Jersey medical malpractice lawyer to see if they have a case. 

You deserve to recover lost financial compensation if you have suffered after receiving inadequate treatment from a physician. In order to see if you’re eligible to pursue a medical malpractice claim, you need the legal team at Brady, Brady, & Reilly, LLC on your side and fighting for your legal rights. We can help you maximize your compensation and make sure that the at-fault party is brought to justice due to their negligence. If you or a loved one has been injured by a negligent or incompetent physician, contact our law offices today at (201) 997-0030 to discuss your case with a skilled attorney. We will help you construct a strong case and make sure that you are made whole again after suffering serious injuries caused by a physician or health care professional.