If a doctor failed to diagnose your condition or diagnosed the wrong illness, you may have the right to pursue compensation. The medical malpractice attorneys at Shebell & Shebell help patients and families investigate diagnostic errors and hold negligent healthcare providers accountable. Speak with a medical malpractice lawyer today.

A major study published in BMJ Quality & Safety estimates that about 371,000 Americans die each year due to diagnostic errors and another 424,000 suffer permanent disability — nearly 800,000 cases of serious harm annually.

How Our New Jersey Medical Misdiagnosis Lawyers Help Victims

A medical misdiagnosis can change the course of a patient’s life. When a condition is not diagnosed correctly, treatment may be delayed—or patients may receive treatment for a disease they never had.

Some conditions worsen rapidly without proper care. Others become far more dangerous when diagnosis is delayed.

Medical misdiagnosis can lead to:

• delayed treatment for serious illness

• unnecessary procedures or medications

• progression of disease that could have been treated earlier

At Shebell & Shebell, our medical malpractice attorneys investigate diagnostic failures to determine whether negligence occurred.

Our legal team works to:

• investigate how the diagnostic error occurred

• obtain and analyze medical records

• consult with medical experts

• pursue compensation for injuries caused by the misdiagnosis

If you suspect a diagnostic mistake harmed you or a loved one, speaking with an experienced medical malpractice lawyer can help you understand your options.

Speak With a medical malpractice lawyer today.

What is Medical Misdiagnosis?

Misdiagnosis Defined

Medical misdiagnosis occurs when a healthcare provider fails to correctly identify a patient’s condition.

This can happen in several ways. A doctor may:

• diagnose the wrong condition

• fail to diagnose an existing illness

• delay diagnosis of a serious condition

• fail to recognize complications or related conditions

However, not every diagnostic error is medical malpractice. Medicine is complex, and some illnesses are difficult to identify early.

Malpractice occurs when a healthcare provider fails to follow the accepted standard of care and that failure harms the patient.

Types of Diagnostic Errors

Diagnostic mistakes typically fall into several categories:

• Missed diagnosis: The condition is not identified at all

• Delayed diagnosis: The illness is discovered later than it should have been

• Incorrect diagnosis: The wrong illness is diagnosed

• Failure to diagnose related conditions: Important associated illnesses are overlooked

• Failure to recognize complications: Warning signs are missed after a diagnosis is made

Each of these situations can prevent patients from receiving the treatment they need.

Common Conditions That Are Frequently Misdiagnosed

Certain illnesses are more likely to be misdiagnosed because their symptoms resemble other conditions.

Cancer Misdiagnosis

Cancer is one of the most dangerous conditions to misdiagnose. Delayed diagnosis may allow tumors to grow or spread, limiting treatment options and reducing survival rates.

Stroke Misdiagnosis

Stroke symptoms can sometimes be mistaken for migraines, intoxication, or other neurological issues. When treatment is delayed, permanent brain damage may occur.

Heart Attack Misdiagnosis

Heart attack symptoms are sometimes confused with indigestion, anxiety, or muscle pain. Missing the early signs of a heart attack can have fatal consequences.

Blood Clots (DVT or Pulmonary Embolism)

Deep vein thrombosis and pulmonary embolism require immediate diagnosis. Failure to detect these conditions can result in severe complications or sudden death.

Infections and Sepsis

Serious infections can escalate quickly. If sepsis is not recognized early, the condition can rapidly become life-threatening.

Other Frequently Misdiagnosed Conditions

Other illnesses that are commonly misdiagnosed include:

• meningitis

• Lyme disease

• autoimmune disorders

• thyroid disorders

What Causes Medical Misdiagnosis?

Diagnostic errors can happen for many reasons. Often, they result from breakdowns in communication, testing, or clinical judgment.

Failure to Order Appropriate Tests

Doctors may fail to order necessary imaging studies, laboratory tests, or biopsies that could confirm the correct diagnosis.

Misinterpreting Test Results

Errors can occur when providers misread imaging scans, pathology results, or laboratory findings.

Incomplete Patient Evaluation

Rushed appointments or incomplete examinations may cause doctors to miss important symptoms.

Failure to Review Medical History

Ignoring a patient’s prior medical history, risk factors, or family history can lead to diagnostic mistakes.

Communication Failures Between Providers

When providers fail to communicate test results or referrals properly, important information can be lost.

Who Can Be Liable for Medical Misdiagnosis?

Several parties may share responsibility for a diagnostic error.

Doctors and Primary Care Providers

Primary care physicians may be liable if they fail to properly evaluate symptoms or order necessary tests.

Medical Specialists

Specialists such as radiologists, cardiologists, oncologists, or neurologists may be responsible if they misinterpret test results or fail to diagnose a condition.

Hospitals and Healthcare Systems

Hospitals may be liable for staff negligence, poor communication systems, or inadequate policies.

Laboratories

Diagnostic laboratories may be responsible if errors occur during testing or analysis.

Pharmacists

In some cases, medication errors may contribute to diagnostic confusion or worsening symptoms.

Injuries Caused by Medical Misdiagnosis

When diagnosis is delayed or incorrect, patients may suffer serious harm.

Worsening Medical Condition

Without proper treatment, a disease may progress and become more difficult to treat.

Unnecessary Medical Treatment

Patients may undergo surgery, chemotherapy, or other treatments they never needed.

Permanent Disability

Delayed treatment can result in irreversible injury, neurological damage, or lifelong disability.

Wrongful Death

In severe cases, misdiagnosis can prevent patients from receiving life-saving treatment.

How Misdiagnosis Cases Are Proven

Medical misdiagnosis lawsuits must prove specific legal elements.

Doctor-Patient Relationship

The patient must show that a doctor-patient relationship existed, establishing a duty of care.

Breach of the Standard of Care

The provider must have failed to act as a reasonably competent doctor would under similar circumstances.

Causation

The diagnostic error must have caused harm or worsened the patient’s condition.

Damages

The patient must show financial losses, medical harm, or other damages resulting from the misdiagnosis.

Evidence Used in Misdiagnosis Lawsuits

Building a misdiagnosis case requires detailed evidence, including:

• medical records

• imaging studies

• pathology reports

• laboratory results

• specialist consultations

• expert testimony

Attorneys also reconstruct a medical timeline to determine when symptoms appeared, what tests were ordered, and where the diagnostic process broke down.

Compensation Available in Medical Misdiagnosis Cases

Patients harmed by medical misdiagnosis may be entitled to compensation.

Medical Expenses

Costs related to treatment, surgeries, medications, and ongoing care.

Lost Income

Compensation for lost wages or reduced earning capacity.

Pain and Suffering

Damages for physical pain and emotional distress.

Disability or Permanent Injury

Compensation for long-term impairments affecting daily life.

Wrongful Death Damages

Families may recover damages for financial losses and emotional harm when a misdiagnosis leads to death.

How Shebell & Shebell Investigates Misdiagnosis Cases

Step 1: Free Consultation

Our attorneys review your situation and discuss whether medical malpractice may have occurred.

Step 2: Medical Record Investigation

We obtain and analyze diagnostic records, imaging studies, and physician notes.

Step 3: Expert Review

Independent medical experts evaluate whether the provider violated the standard of care.

Step 4: Filing the Lawsuit

If negligence is confirmed, we file a medical malpractice claim against responsible providers.

Step 5: Negotiation or Trial

Many cases resolve through settlement, but we are prepared to take cases to trial when necessary.

How Long Do You Have to File a Medical Misdiagnosis Claim?

Medical malpractice claims must be filed within a specific time limit known as the statute of limitations.

In some cases, the timeline begins when the malpractice occurred. In others, the discovery rule may apply, meaning the clock starts when the injury is discovered.

Because these rules can be complex, early investigation is critical. Waiting too long can prevent a patient from pursuing compensation.

Speaking with an attorney early helps protect important evidence and ensures deadlines are not missed.

What To Do If You Suspect Medical Misdiagnosis

Seek a Second Medical Opinion

A second opinion can confirm whether the diagnosis was correct and help you begin proper treatment.

Request Medical Records

Obtain copies of imaging studies, test results, and physician notes.

Document Symptoms

Keep a timeline of symptoms, doctor visits, and treatments.

Speak With a Medical Malpractice Attorney

An early legal review can help preserve evidence and determine whether negligence occurred.

Why Choose Shebell & Shebell Medical Malpractice Lawyers

Families across New Jersey trust Shebell & Shebell to handle complex medical malpractice cases because of our:

• decades of litigation experience

• proven case results

• access to medical experts

• contingency-fee representation

• personalized attention to every client

Our attorneys understand how medical errors affect families, and we are committed to pursuing justice for victims of negligence.

Frequently Asked Questions About Medical Misdiagnosis

Can I sue a doctor for misdiagnosis?

Yes. If a doctor failed to follow accepted medical standards and that failure caused harm, you may have grounds for a medical malpractice claim.

Is every misdiagnosis malpractice?

No. Doctors are not liable for every diagnostic error. A case typically requires proof that the provider acted negligently and caused harm.

What if my diagnosis was delayed?

Delayed diagnosis may still qualify as malpractice if earlier diagnosis would have improved the outcome.

How much is a misdiagnosis lawsuit worth?

Compensation varies depending on the severity of the injury, medical costs, and long-term impact.

How long do medical malpractice cases take?

Some cases resolve within a year, while complex cases may take several years depending on investigation and litigation.

Do I need expert testimony?

Yes. Most medical malpractice claims require expert testimony to establish the standard of care and prove negligence.

Speak With a New Jersey Misdiagnosis Lawyer Today

Medical misdiagnosis can permanently change a patient’s life. Delayed or incorrect diagnoses can lead to serious complications, unnecessary treatments, and preventable suffering.

Early legal review can help protect your rights and preserve the evidence needed to prove what happened.

If you believe a doctor failed to diagnose your condition or provided the wrong diagnosis, the medical malpractice attorneys at Shebell & Shebell can review your case, secure medical records, and determine whether negligence occurred.