When a doctor fails to diagnose a medical condition, the consequences can be life-altering. Patients may wonder whether the mistake was preventable and whether their worsening condition could have been prevented. If a medical professional missed the signs and symptoms of your affliction, you may be wondering about your legal rights and options. Continue reading for more information and contact an experienced Monmouth County medical malpractice lawyer to discuss your situation today.
Can I Sue if a Doctor Fails to Diagnose My Condition in NJ?
Yes, you can sue a doctor in New Jersey for failing to diagnose a medical condition, given that certain legal elements are met. A failure to accurately diagnose an illness, injury, or disease could be considered medical malpractice under certain circumstances.
To successfully file a claim, you generally need to prove that your provider was negligent. This can be done through establishing the following elements.
- Duty of care: Demonstrate that a doctor-patient relationship existed. This establishes that the doctor had a legal duty to provide competent care.
- Breach of duty: You must show that the doctor’s failure to diagnose fell below the accepted standard of care for a medical professional in a similar situation. For example, if they failed to order necessary tests or ignored clear symptoms that another doctor would have recognized.
- Causation: Establish that the doctor’s negligence directly caused your injury or made your existing condition significantly worse. It must be clear that the delay in treatment led to a negative outcome.
- Damages: Finally, you must have suffered actual harm or losses as a result of the delay, like increased medical expenses, pain and suffering, or a reduced chance of recovery.
When a missed diagnosis involves a mistake that a reasonably skillful and careful doctor would not have made, you may be able to pursue legal action. It’s not enough that the diagnosis was simply wrong, it must have been negligently wrong.
How Long Do I Have to File a Lawsuit?
In New Jersey, the time limit for filing a medical malpractice lawsuit is generally two years. This period is known as the statute of limitations.
For a case involving a failure to diagnose a condition, you typically have two years from the date when you knew, or reasonably should have known, that you were harmed by the doctor’s mistake. This is known as the discovery rule and can extend deadlines when the harm is not immediately detected. The court will analyze when a reasonable person should have discovered the doctor’s mistake and negligence.
There are exceptions, especially for minors, under certain circumstances. Consulting with an experienced attorney is crucial to ensure your claim is filed within the required timeframe under NJ law. Reach out to a skilled legal professional today for more information.
