When a medical care provider misdiagnoses a medical condition, the outcome can be catastrophic. A misdiagnosis or a delayed diagnosis can lead to a medical condition becoming worse, incorrect treatments are provided, or the patient receives no care at all.
If a medical condition is not treated in a timely manner, the patient can suffer irreparable harm. A treatable condition may escalate to a non-treatable one, reactions to incorrect treatments can cause injury or harm. In some cases, a missed or delayed diagnosis can lead to the death of the patient.
Proving a misdiagnosis or delayed diagnosis case can be challenging. The injured party will have to show that the medical care provider acted outside the norms of the medical profession and did not provide you with the right type of medical care.
To successfully make a claim, you will need to contact a New Jersey personal injury law firm to help you build a case.
Proving A Medical Negligence Case
When you file a NJ medical malpractice lawsuit, you will need to prove the following four facts:
- There was a Duty of Care. This means that there was an obligation of the doctor to provide you with medical care. To establish this, you must show that the doctor was the person who was in charge of diagnosing your condition.
- That there was a breach of that Duty of Care. To show this, you must show that a delayed diagnosis or misdiagnosis occurred and that the doctor should have known that the diagnosis was incorrect.
- The breach of duty caused patient harm. To prove this, you will need to show that the misdiagnosis or delayed diagnosis caused injury to the patient.
- That the injury caused the patient financial harm. The financial harm can include the costs of medical care that were needed to correct the issues from the delayed or misdiagnosis.
When you have an attorney managing your case, proving these four facts will be the main goal of the attorney as they build your case.
How Do I Pay For A NJ Attorney?
We are a contingency-based law firm. We do not require any of our clients to pay any upfront legal fees when we represent their case. We only get paid for our services when we win your case.
Working on a contingency basis offers many benefits for our clients. It ensures that everyone has access to quality legal representation in their time of need. Working on contingency also guarantees that our attorneys stay focused on your case.
Once your case has reached a settlement, our attorney fees will be deducted from the balance. You will never have to pay for our services until your case has been won.
What Types of Compensation is Available for a Delayed Diagnosis Case?
Compensation amounts and types will be different for each case. Every case is as unique as the person that has filed the claim. Since so many different factors apply, your attorney will discuss in depth with you the types of compensation that your case qualifies for you and the anticipated amounts.
Some of the forms of compensation that you may be entitled to include:
- All medical expenses related to the injury. This includes future medical expenses that may be necessary to treat the injury or condition.
- Lost wages and benefits. Any lost wages that you have had up to the date of the case closing will be included in your compensation. Some employer-paid benefits may also be included.
- Future earnings. If you cannot return to work at full capacity, or if you cannot return at all, you are entitled to receive compensation for all of your future wages and benefits as part of your compensation package.
- Related expenses. Some direct expenses related to your injury may be included in your case. This may include mileage to and from your doctor visits, special medical supplies you had to purchase, or costs to alter your home or vehicle to accommodate the injury.
- Pain and suffering and mental anguish. This is non-economic damages and will vary greatly with each case. Your attorney will explain how this type of compensation is calculated based on the facts of your case.
- Other forms of compensation. There may be other forms of compensation available to you based on your case and circumstances. Your attorney will inform you of any additional types of compensation for which you are entitled.