Being misdiagnosed by a healthcare provider can have devastating consequences. A delayed or incorrect diagnosis may lead to worsening health, unnecessary treatments, or even permanent injury. In New Jersey, patients who have been harmed by a medical misdiagnosis may be entitled to compensation through a medical malpractice lawsuit. But not every mistake qualifies as malpractice, and proving misdiagnosis can be complex.
Here’s what you need to know about suing for misdiagnosis in New Jersey.
What Is Considered Medical Misdiagnosis?
Misdiagnosis occurs when a healthcare provider:
- Diagnoses a patient with the wrong condition
- Fails to diagnose a condition altogether
- Delays diagnosis, allowing the condition to worsen
Common examples of misdiagnosis include:
- Diagnosing the flu instead of meningitis
- Failing to detect cancer despite symptoms
- Misreading lab results or imaging tests
- Attributing chest pain to anxiety rather than a heart attack
Not every error in diagnosis is malpractice. To sue, you must show that the provider violated the accepted standard of care, and that this failure directly caused harm.
Can You File a Lawsuit for Misdiagnosis in NJ?
Yes, but several legal criteria must be met. To succeed in a medical malpractice claim for misdiagnosis, the plaintiff must prove:
A doctor-patient relationship existed
This establishes the duty of care.
The doctor breached the standard of care
You must show that another competent doctor would have made a correct or timely diagnosis under similar circumstances.
The misdiagnosis caused harm
This could be a worsened condition, permanent disability, or avoidable medical expenses.
The harm led to measurable damages
This may include physical suffering, lost income, and medical costs.
Simply being misdiagnosed is not enough. You must demonstrate that the error caused a negative medical outcome that could have been avoided with proper care.
Statute of Limitations in NJ
In New Jersey, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date you knew, or should have known, that the misdiagnosis occurred. This is known as the discovery rule.
For example, if you were diagnosed with acid reflux in 2022 but learned in 2023 that the true issue was stomach cancer, the two-year clock may start in 2023.
Special rules apply to minors and mentally incapacitated patients. For children, the two-year period typically starts on their 18th birthday.
The Role of Expert Testimony
New Jersey law requires that a qualified medical expert support your claim. Early in the legal process, you must file an Affidavit of Merit, a sworn statement from a doctor confirming that your healthcare provider likely deviated from accepted medical standards.
Without expert support, most misdiagnosis lawsuits will be dismissed.
Compensation in Misdiagnosis Cases
If successful, a misdiagnosis lawsuit may result in compensation for:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Disability or loss of quality of life
- Wrongful death damages (if the misdiagnosis led to fatal consequences)
Conclusion
Suing for misdiagnosis in New Jersey is possible, but it requires meeting strict legal standards and presenting strong evidence. If you believe that a doctor’s diagnostic error caused serious harm, it is important to consult an experienced medical malpractice attorney as soon as possible. Acting quickly can protect your rights and ensure that your case is filed within the required time limits.