Failure to Diagnose



Failure to diagnose, misdiagnosis, and delayed diagnosis are some of the most common forms of medical malpractice. However, these types of cases can be particularly tricky to pursue, as you must show that your doctor’s failure to diagnose was negligent or wrongful. Essentially, you will need to show that your doctor did not uphold a reasonable standard of care and that this led to specific damages.

If you believe that you suffered injuries/harm or that your loved one died because a medical professional negligently failed to timely diagnose a condition, it is important that you work with an experienced medical malpractice attorney who can help you pursue justice. At The Donnelly Law Firm, our New Jersey failure to diagnose lawyers are recognized as leaders in the field of medical malpractice law. We have over 50 years of combined experience and have recovered hundreds of millions of dollars on behalf of victims of medical malpractice and negligence throughout the state. We know how to handle these types of complex claims and fight for the full, fair compensation you are owed.

Call (800) 398-1866 or contact us online to request a free consultation with one of our attorneys today. 

When Is Failure to Diagnose Considered Malpractice?

If you visit your doctor and she does everything she can to diagnose your condition, but the process takes time because the condition is extremely rare or because your symptoms could indicate a number of conditions, it is unlikely that your doctor will be found to have acted negligently. However, when a doctor fails to uphold a reasonable standard of care in diagnosing your condition, he or she has acted negligently or wrongfully.

Every situation is different, and it is important that you discuss the details of your case with a lawyer, but some examples of when failure to diagnose a condition may be considered malpractice include:

  • Failing to take into account all serious likely conditions indicated by symptoms
  • Dismissing or ignoring certain symptoms
  • Failing to note the urgency of symptoms
  • Improperly or incorrectly conducting tests/interpreting test results
  • Failing to conduct important tests required by symptoms

Your attorney will need to show that the doctor, nurse, or hospital acted carelessly and that their carelessness led to your injuries and/or damages. For example, if a doctor failed to properly note and respond to symptoms of cancer, causing a delay in cancer treatment, you may be able to hold the doctor or facility liable for your physical pain, emotional distress, and other losses.

Contact Our Firm for a Free Consultation

If you or your loved one suffered harm as a result of a doctor’s failure to diagnose, misdiagnosis, or delayed diagnosis, The Donnelly Law Firm can help you take legal action. Our New Jersey failure to diagnose attorneys often work with medical experts and other specialists in order to determine whether negligence/malpractice occurred and, if so, who is liable. We are committed to fighting for the maximum compensation you deserve, and we will serve as your dedicated legal advocate throughout each stage of the legal process.

Schedule your no-cost consultation today; call (800) 398-1866 or contact us online to get started. 

Over $140,000,000 Won For Our CLients

  • $4.5 Million

    Dennis Donnelly settled a case involving complex issues of medical malpractice during a forceps delivery.

  • $20 Million

    Dennis M. Donnelly, represented a family of a birth injury case consisting of severe medical malpractice when delayed childbirth and the failure to monitor resulted in a severe brain injury, Cerebral Palsy.

  • $14 Million

    Dennis M. Donnelly, represented a family in this wrongful birth action.