Search Site
Menu
Medical Misdiagnosis and Failure to Diagnose — What are Your Rights?

Most people are surprised to learn that some of the most common reasons for filing a medical malpractice claim are failure to diagnose a disease and misdiagnosis of a disease. Both types of error can have serious and even deadly consequences. When a patient does not receive the right diagnosis, they will not get the treatment they need. This results in worsening conditions and sometimes death.

Failure to diagnose a condition, especially in the case of cancers, creates an incredible danger for the patient. Many diseases must be treated quickly. When a doctor sends a patient home instead of treating them for a heart attack or starting chemotherapy, they may be sentencing that patient to death.

Misdiagnosis of a condition can be even more dangerous than a failure to diagnose a problem. In addition to not getting the right treatment, a misdiagnosed patient will often receive unnecessary treatment. This may involve surgery or medication with harmful side effects. If you have been made to undergo an unnecessary surgery, you need legal assistance.

There are many reasons why a doctor may not make the correct diagnosis. Sometimes doctors are in a rush. Other times they don’t ask the right questions. In many cases they simply fail to recognize signs and symptoms or fail to connect these symptoms to their cause. Doctors can make errors when performing examinations or when reading test results.

While misdiagnosis and failure to diagnose are very serious problems, they are not always medical malpractice. In order to hold a medical professional liable for your injuries or the death of a family member, they must have been negligent. The factors a court will use to determine negligence include:

  • Duty. Generally, doctors owe their patients a duty to provide medical care comparable to a reasonably competent medical professional in that physical area and area of practice. This means a general practice physician and an oncologist may be held to different standards.
  • Violation of duty. The doctor must have violated this duty by not providing the required level of expertise and care.
  • Harm. You or your family member must have experienced actual harm, such as deterioration in condition or additional suffering.
  • Cause. This violation must have actually been the cause of your harm.

Misdiagnosis and failure to diagnose cases often require the assistance of medical experts to testify about the condition involved and the appropriate standard of care for the doctor.

Seigel Law aggressively litigates medical malpractice claims for clients and their families after a misdiagnosis or failure to diagnose. If a doctor’s mistake caused you or your loved one to suffer, we do everything we can to help you recover compensation. Call us now at 201.444.4000 or contact us online to schedule a free consultation.

Leave a Reply

Your email address will not be published. Required fields are marked *

VERDICTS & SETTLEMENTS
  • $7,900,000

    Recovery on behalf of the 16-year-old girl injured by electrical malfunction

  • $8,000,000

    Jury verdict in a catastrophic injury case

  • $1,100,000

    Settlement for a fractured arm in Passaic County

  • $4,775,000

    Settlement for a woman in Bergen County injured in a trucking accident

Meet Our Attorneys


  • (61 Reviews)

    By Teresa R Perez - January, 2018

    I have had a great experience thus far. The personal injury process is stressful and they have been helpful and courteous in getting me the right referrals. I was injured while visiting NJ and live in another state, my case is not an easy one but they are working diligently to help. I appreciate the personalized attention and highly recommend this firm.

    Read More

  • (61 Reviews)

    By Miriam Smith-Leone - December, 2017

    The law office was great with my back and neck injury. They directed me to the right doctors and got me a huge settlement. Being a single mom, it help pay off all my debt and bills. Me and my kids can have a bill free christmas, with plenty of food and happiness, stress free. They are the best ever and I would highly recommend them to anyone rich or poor, who has been in an accident and need legal help...

    Read More

  • (61 Reviews)

    By L C - October, 2017

    After the misfortune of suffering an injury, I had the good fortune to choose Seigel Law to represent me. During my initial meeting with Jan Seigel, I found him to be extremely confident and reassuring---he totally put me at ease. I was represented by Mark Mc Bratney---an EXCELLENT attorney. He was supportive and professional through the entire process, and provided an excellent outcome for my case.

    Read More

  • (61 Reviews)

    By Liliana Paredes - October, 2017

    Honest, trustworthy and very straight forward. In unvarnished truth Jonas Siegel will tell you exactly where you stand and what direction you should go. Jonas has tenacity coupled with a degree of tenderness, but never losing site of the end goal, which is to protect, defend and have the best outcome for his clients. I defenetly recoment this law firm. Thanks for helping me out in my case.

    Read More

  • (61 Reviews)

    By Oren Goldshmidt - September, 2017

    I'd like to thank everyone at segal law for the amazing experience they provided me. From the moment I stepped in to the end of the case , segal and his team delivered exactly what they promised. I couldn't have received any better treatment from a law firm. Any concerns, questions or problems I had were addressed and dealt with accordingly...

    Read More

What we offer our clients


Knowledge

Personal injury and medical knowledge

Our knowledgeable team of personal injury lawyers includes a medical doctor who advises on complex medical topics

chat2

One-on-one attorney attention

By maintaining a limited number of cases, our attorneys can provide personalized attention to each client we serve

idea2

Results-oriented strategies

Our lawyers have won numerous high verdicts and settlements, many in the high six- and seven-figure range, for our injured clients

Trial_Experience

Trial experience

Every trial attorney in our firm is a certified trial attorney by the New Jersey Supreme Court

Communication

Communication as a priority

We understand how important communication is to a successful attorney-client relationship, we return calls within 24 hours

Community

Community involvement

Our lawyers and staff are active in community outreach and community service programs

Testimonials
  • "The lawyers at Seigel Law know how to get you the results you want. Jan Seigel and His team returned every one of my phone calls, listened to me and worked with me to a desirable outcome. Seigel Law definitely goes above and beyond to protect the injured." - B.M.

  • "After my car accident, my life turned into a disaster. Dealing with everything became impossible. Jan Seigel and his people helped me with every aspect of my injuries and the insurance companies so I could focus on healing. They helped me through everything and they got me what I was due." - M.P.

  • "I found the personnel to be very efficient, and work very quickly. I'm happy that I was referred to this firm, because I found that I was very comfortable working with them." - F.V.

  • "Amazing. I have to say they were very supportive and were able to give me tons of information. I didn't feel rushed and felt they truly cared about my well-being. Their website is also extremely helpful and well setup." - T.D.

Contact us

Quick Contact Form