New Jersey Delayed Diagnosis Lawyers
Strong advocacy when doctors and other healthcare providers commit medical malpractice by making an untimely diagnosis
Doctors are human and can make mistakes, but when negligence results in substandard care and delayed diagnosis, the results can be catastrophic for the patient. Failing to diagnose a herniated disc in a patient when first presented can delay necessary treatment and result in permanent paralysis and disability. When a doctor fails to order vital tests upon initial contact with a patient who is later diagnosed with cancer, the delay in diagnosis can mean the difference between a treatable form of cancer and a terminal case of cancer.
Lawsuits resulting from delayed diagnosis require the counsel of experienced and knowledgeable medical malpractice attorneys. The doctors, hospitals, and other responsible healthcare professionals will fight to save their reputations. You need the experienced New Jersey medical malpractice lawyers at Eichen Crutchlow Zaslow, LLP on your side. We have a long history of successful outcomes for those individuals who have suffered injury or death because of a delayed diagnosis.
In one case, Eichen Crutchlow Zaslow, LLP won a $4,000,000 jury verdict in favor of a woman who sustained a large brain-damaging stroke due to a delay in diagnosis of an aneurysm; her doctors failed to order tests for her headaches. In another case, we secured a $1,510,000 settlement on behalf of the estate of a 25-year-old woman who died from metastatic cervical cancer. Contact us in Edison, Red Bank, or Toms River today to get started on your case.
How can we help?
- What are the requirements for filing a medical malpractice claim in New Jersey?
- Which conditions can be life-threatening if diagnosis is delayed?
- Why do delays in a diagnosis occur?
- Can your NJ medical malpractice lawyers help with a delayed diagnosis claim?
- How much is my delayed diagnosis claim worth in New Jersey?
- Do you have a delayed diagnosis lawyer near me?
What are the requirements for filing a medical malpractice claim in New Jersey?
There are three criteria for proving medical malpractice in the case of a delayed diagnosis. Patients must prove that:
- A relationship was established with the physician. Once a patient has been seen and examined by a doctor, a relationship has been established. In the case of medical malpractice resulting from a delayed diagnosis, it is not necessary for this relationship to extend beyond this initial meeting. If the physician failed to diagnose an existing condition, injury, or illness, he or she can still be held liable if the diagnosis is made later by another physician and has resulted in injury to the patient.
- Negligence on the part of the physician resulted in the delayed diagnosis. Patients need to prove that the attending physician did not diagnose an illness, injury, or condition as quickly as a competent doctor would have in a similar situation. An example of this lack of standard of care is if a doctor delays diagnosing lung cancer because he instead treated the patient for bronchitis or COPD, thus delaying a cancer diagnosis and treatment to stop the progression of the cancer. To prove the doctor’s negligence, the patient could get a second opinion from another physician who would have ordered a lung X-ray before making the official diagnosis.
- Harm, injury, or death resulted from the negligence. Patients suing a doctor for a delayed diagnosis must also prove that they suffered undue pain, increased medical bills, lost wages and earning potential, and experienced a significant loss of functioning and independence. The laws can be tricky here. Doctors can be found guilty of delaying a diagnosis, but patients cannot always claim compensation for pain and suffering unless it was directly caused by the delay in diagnosis.
- An example of this type of situation can be found in a case wherein a patient consults a doctor for back pain and the physician fails to diagnose a herniated disc. In time, the doctor properly diagnoses the herniated disc, and the patient undergoes surgery to repair the disc. This delay in diagnosis would not result in compensation for pain and suffering since the surgery would have been necessary even if the herniated disc was diagnosed at the initial visit. However, if the disc caused a permanent disability that could have been prevented with a diagnosis at the initial visit, the patient has a good chance of a successful suit.
Which conditions can be life-threatening if diagnosis is delayed?
Which conditions can be life-threatening if diagnosis is delayed? Our New Jersey medical malpractice lawyers handle all types of delayed diagnosis claims including:
Delayed cancer diagnosis
Cancer, like many other diseases, only worsens with time and without treatment. Cancer generally develops in stages. The difference between a diagnosis in an earlier stage (compared to a later stage) can mean the difference between life and death. The stages of cancer according to the National Cancer Institute are:
- Stage 0. Abnormal cells are present but have not spread to nearby tissue. Also called carcinoma in situ, or CIS. CIS is not cancer, but it may become cancer.
- Stage I, Stage II, and Stage III (1, 2, and 3). Cancer is present. The higher the number, the larger the cancer tumor and the more it has spread into nearby tissues.
- Stage IV (4). The cancer has spread to distant parts of the body.
At Eichen Crutchlow Zaslow, LLP , our medical malpractice lawyers fight for patients and families when a cancer diagnosis is delayed, or there is a misdiagnosis. Contact us to learn more if you or a loved one developed:
We work with physicians who can help determine whether corrective treatments are possible, or whether patients will have to learn ways to cope with the physical and mental health damages caused by the delay.
Why do delays in a diagnosis occur?
Delays in your diagnosis or the diagnosis of a loved one may include:
- Failing to order the correct diagnostic tests
- Failing to order the tests at the correct time
- Failing to read the results properly
- Failing to examine other causes for a patient’s medical condition
- Failing to consult with a specialist or a physician with more experience
- A failure to conduct the tests accurately
Can your NJ medical malpractice lawyers help with a delayed diagnosis claim?
Whenever a delayed diagnosis has occurred, it is wise to consult an experienced and competent medical malpractice attorney to see if you can bring suit against the responsible physician. An experienced medical malpractice lawyer can review the details of your case and determine your ability to bring a successful claim against the doctor. At Eichen Crutchlow Zaslow, LLP, we work with a network of doctors including doctors who practiced in the same type of practice as the doctors who treated you.
The physicians we work with are experienced at explaining what the medical standard of care for their type of practice is, and how defendants breached that standard of care. These doctors are skilled at preparing medical reports and testifying in court if necessary.
We file claims against all the medical care providers who failed to meet their standard care. Defendants may include physicians, group medical practices, hospitals, medical imaging technicians, nurses, and many other types of healthcare providers.
How much is my delayed diagnosis claim worth in New Jersey?
Eichen Crutchlow Zaslow, LLP works with you, the doctors who evaluate why medical malpractice occurred, your family, your employer, and others to verify all your damages. Our New Jersey delayed diagnosis lawyers demand compensation for all your current and future damages. These damages include:
- Your medical bills including the cost of consultations with competent doctors, the cost of corrective surgeries and treatments, the cost to manage your medical condition if it cannot be corrected, medications, and other medical expenses.
- The cost of transportation for all the additional medical visits you’ll need to see your doctors, psychologists, and treatment centers.
- Any loss of income or benefits including compensation for a permanent disability
- Your pain and suffering including the stress and anxiety about what went wrong with the original diagnosis
- Any scarring or disfigurement
- Loss of function of any body part
- Loss of life’s pleasures including marital pleasures (loss of consortium)
If a parent, child, or spouse died because their diagnosis was delayed, we file a wrongful death claim on behalf of the family.
Do you have a delayed diagnosis lawyer near me?
Our New Jersey delayed diagnosis attorneys discuss your claim and your rights at our offices located in:
- Edison, NJ at 40 Ethel Road and
- Toms River, NJ at 563 Lakehurst Road
Since many patients whose diagnosis was delayed are in ill health, we do meet clients at their homes, hospitals, or other healthcare facilities. We also use video conferences and the telephone to discuss cases.
We understand how devastating it is to learn a timely diagnosis would have improved your health instead of worsening it or taking the life of a loved one. We have the experience and resources to help patients and families obtain justice.
Contact the New Jersey medical malpractice lawyers at Eichen Crutchlow Zaslow, LLP today
If you or someone you know has suffered injury or death because of a delayed medical diagnosis, the experienced team of knowledgeable New Jersey medical malpractice lawyers at Eichen Crutchlow Zaslow, LLP can help. Many medical malpractice claims do settle. We’re always ready to try your claim before a jury. Call us or complete our contact form to schedule a consultation in Edison, Toms River, or Red Bank. We’re ready to help you today.