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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.

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    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.

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    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...

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    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.

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    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.

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    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...

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What we offer our clients


Personal injury and medical knowledge

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


One-on-one attorney attention

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


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

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


Communication as a priority

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


Community involvement

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

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