Misdiagnosis Lawyer Near You in New Jersey
When seeking medical care, patients rely on health care providers to correctly identify a condition and recommend the right treatment. When a doctor or other provider misses, delays, or gets that diagnosis wrong, the consequences can be severe, leading to additional injury, emotional distress, added medical costs, and other losses. For New Jersey patients and families dealing with that harm, a misdiagnosis attorney is a medical malpractice lawyer who helps pursue compensation and hold negligent providers accountable.
At Sarno da Costa D’Aniello Maceri Webb LLC, our medical malpractice lawyers know that a misdiagnosis is more than just a mistake — it is often medical negligence. As a medical misdiagnosis lawyer and attorney resource for injured patients in New Jersey, our firm handles medical malpractice cases involving failure to diagnose, delayed diagnosis, cancer, heart disease, stroke, diagnostic testing errors, and other diagnostic errors caused by health care providers. Because these medical malpractice cases are often complex and require specialized legal knowledge and legal representation, our misdiagnosis attorneys work to prove liability, recover damages, and secure the settlement and verdicts our clients deserve.
What Is Medical Misdiagnosis?
Medical misdiagnosis occurs when a healthcare provider incorrectly identifies a condition, is slow to diagnose a condition, or fails to diagnose a condition altogether. Diagnostic accuracy matters because failing to correctly diagnose a serious condition can potentially worsen a patient’s condition and lead to further harm. Misdiagnosis or failure to diagnose may happen due to medical errors, including in the emergency room, where fast-paced conditions may overwhelm even experienced staff:
- A doctor ignoring symptoms
- Failing to gather or review a patient’s medical history
- Failing to order proper diagnostic tests
- Misinterpreting test results
- Errors during the testing process
- Not referring a patient to a specialist
For life-threating conditions such as cancer, heart disease, or infection, receiving a prompt, accurate diagnosis is vital. Cancer, infections, and vascular events cause three-quarters of misdiagnoses, and 795,000 people are affected by diagnostic errors annually in the U.S. Women and minorities are 30% more likely to be misdiagnosed. Our misdiagnosis lawyers in New Jersey have seen the unnecessary suffering patients and families endure due to incorrect diagnoses. We fight for patients’ rights and work tirelessly to hold medical providers and powerful health systems accountable. If symptoms persist or show worsening symptoms, seek a second opinion and document symptoms, treatment changes, and interactions with health care providers.
Types of Cases Our Misdiagnosis Lawyers Handle
Diagnostic Errors by Healthcare Providers
Diagnostic errors occur when a physician or healthcare provider fails to accurately identify a patient’s condition. Even a seemingly small mistake can have severe repercussions.
Commonly misdiagnosed conditions include:
- Heart disease or heart attack
- Stroke
- Pulmonary embolism
- Aneurysm
- Cancer
- Appendicitis
- Sepsis
- Meningitis
- Pneumonia
- Traumatic brain injury (TBI)
A missed diagnosis or wrong diagnosis does not automatically mean medical negligence occurred, and a missed or delayed diagnosis alone is not enough to prove a malpractice claim. To succeed, these cases generally require proof of four elements, including that the medical professional owed the patient a duty of care as part of the patient-provider relationship and breached the applicable standard of care. Our attorneys carefully review the medical records, reference established medical standards, and work with respected experts whose testimony helps show whether a provider failed to meet accepted standards in a missed diagnosis case.
Diagnostic Testing Errors
Sometimes, misdiagnosis isn’t caused by a doctor’s mistake, but by an error in the testing process. Human error at a medical facility, including in labs or imaging departments, faulty equipment, and misinterpretation of imaging results all can contribute to an overlooked condition, incorrect diagnosis, or unnecessary treatment. Our team knows what to look for to identify potential issues in the testing process and how they occurred.
Gathering comprehensive medical records from the testing process is essential when pursuing a malpractice claim.
Delayed Diagnosis
Without a timely diagnosis, a serious illness or injury may require more invasive treatment, cause physical injury, and leave a patient with lost income in addition to costly medical bills. Infections and cancers that progress quickly are common conditions that can lead to severe harm or death if a proper diagnosis is delayed, and a delay may mean the patient suffered harm because treatment started too late. This can mean months or even years of avoidable pain, aggressive treatment, and costly medical bills.
Paul and his team put their experience to work to help patients pursue the fair compensation they deserve. If you’ve lost a loved one due to a delayed or incorrect diagnosis, a medical malpractice lawyer can review whether the delay supports a medical malpractice lawsuit and pursue financial recovery for the patient or family, including through a viable wrongful death claim.
Why Choose Our Misdiagnosis Lawyers?
We know that dealing with an injury or condition caused by a medical misdiagnosis can leave you feeling powerless and uncertain about the future. Paul and our misdiagnosis attorneys are widely respected in the New Jersey legal community and are familiar with the nuances of the system at all levels. Among the leading law firms handling complex medical malpractice cases, we’ve built a reputation for compassion, professionalism, and the relentless pursuit of justice for our clients.
We understand what’s at stake for you and your family. We handle all communications with insurance companies and negotiate settlements aggressively on your behalf. Our team guides clients through the legal process from investigation through settlement or jury trial. Our medical malpractice team is always ready to go to trial if a reasonable settlement can’t be reached through negotiation. Paul and members of his team are and have represented victims of medical malpractice in some of the most complex, high-stakes cases in New Jersey.
Paul is the current President of the Northern New Jersey Chapter of the American Board of Trial Advocates and a fellow of the Litigation Counsel of America, which are both invitation-only membership trial attorney associations. Paul and his team have been recognized by The Best Lawyers in America® as a Tier 1 Medical Malpractice – Plaintiffs law firm in New Jersey for 2022 and 2024. The National Law Journal selected Paul M. da Costa and his team as recipients of its prestigious in the medical malpractice category.
Paul and 16 other attorneys at Sarno da Costa D’Aniello Maceri Webb LLC were also included in the 2026 edition of The Best Lawyers in America®.
Contact a Misdiagnosis Lawyer Near You in New Jersey
At Sarno da Costa D’Aniello Maceri Webb LLC, our medical malpractice attorneys provide compassionate, tenacious legal representation you can trust. If you or a loved one has been harmed by a medical misdiagnosis, contact us today for a free consultation or free case review. Our misdiagnosis attorneys offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.
Frequently Asked Questions About Misdiagnosis Cases in New Jersey
How long do I have to file a medical misdiagnosis lawsuit in New Jersey?
Generally, in New Jersey the statute of limitations for medical malpractice lawsuits is two years. Medical malpractice claims are subject to filing deadlines that vary by state, though New Jersey’s two-year rule is the key deadline in most cases. However, medical misdiagnosis cases are complex, and deadlines may be extended in some circumstances. Our attorneys can determine how the statute of limitations may impact your claim.
What types of damages can I recover in a misdiagnosis case?
Each case is unique. Economic damages cover all verifiable financial losses, and properly quantifying them is vital to establishing a fair compensation claim. Many different factors can affect the types of damages an injured victim pursues. Your misdiagnosis lawyer may be able to help you recover compensation for:
- Past and future medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship and consortium
- Damages specific to your case
Non-economic harm can also include mental anguish. Damage rules also vary by state—for example, California caps non-economic damages at $470,000 for injury cases, and that cap increases annually through 2033, while Illinois has no caps on damages in medical malpractice cases.
Our medical malpractice attorneys work closely with experienced medical experts and financial professionals to ensure your claim is accurately valued.
How much does it cost to hire a misdiagnosis attorney in New Jersey?
Our medical malpractice attorneys and personal injury lawyers work on a . This means you don’t pay anything upfront. We get paid only if we secure compensation for you. Attorneys’ fees and other legal costs are deducted from any settlement or award you receive.
