Failure to Diagnose

New Jersey Failure To Diagnose Lawyer

Representing Victims of Medical Malpractice throughout the State

When we are sick or injured, we turn to doctors for expert insight into our condition and proper treatment. But when medical staff is negligent, a patient in need can leave the hospital without answers and, in some cases, with additional injuries.

When a doctor or another medical professional is negligent in their care for a patient and injuries result, a medical malpractice case can be a way for the victim to recover compensation. Failure to properly diagnose a patient is a type of medical malpractice case in which a victim is harmed because their doctor did not diagnose them correctly or within a sufficient period of time.

Patients who were not properly diagnosed could be entitled to compensation through a medical malpractice claim. Contact Bendit Weinstock, P.A. to discuss your case with our New Jersey failure to diagnose lawyers.

For a free consultation with our legal team, call (973) 736-9800 or complete our contact form to get in touch.


Misdiagnosis is one type of diagnosis failure that can be extremely harmful to the affected patient. A doctor may diagnose a patient’s condition incorrectly and then administer treatment for the condition they believe the patient has. A patient who undergoes surgery or is given a drug to treat a condition they don’t have can sustain injuries in addition to not receiving treatment for the condition they do have.

Delayed Diagnosis

If a patient’s condition is not diagnosed promptly, the failure can be just as damaging as a misdiagnosis. A diagnosis is the first step to administering proper treatment; most medical conditions require swift action, and a lack of response can be detrimental. Delays in diagnosing a patient can allow their condition to worsen, potentially resulting in new symptom development, the aggravation of existing symptoms, or death.

Who Is Liable for a Failure to Diagnose?

It is the responsibility of everyone involved in a hospital to provide patients with the best care possible and diagnosing is an important part of that responsibility. When a proper diagnosis is not administered, the entire treatment process can be disrupted.

Diagnosis failures can be the fault of multiple parties within a medical organization. When a patient reports symptoms to their doctor, reaching a diagnosis involves a series of tests, analyses, and discussions among several people. An oversight during any part of the diagnosis process could result in a delay or misdiagnosis. A failure to diagnose could be caused by a doctor’s lack of experience or defective testing equipment, for example.

Parties who may be liable for a failure to diagnose include:

  • Doctors
  • Nurses
  • Hospitals
  • Medical analysts and testing companies
  • Equipment manufacturers
  • Pharmacists

Do I Have a Failure to Diagnose Case in NJ?

You may qualify for a failure to diagnose case if you were harmed during medical treatment and have evidence that your injuries were caused by an oversight in diagnosing your condition. This can be done with proof of your initial condition, information about the proper treatment for that condition, and examples of how you were diagnosed and the treatment your doctor administered.

Evidence that can be helpful in a failure to diagnose case includes:

  • Medical bills
  • Charts
  • Prescriptions
  • Injury photographs

Contact Bendit Weinstock, P.A. To Get Started Today!

A person who is harmed because of a failure to diagnose their condition could sustain long-term injuries or permanent health issues. The financial damages that can result from a diagnosis failure may include medical bills, lost wages, and travel expenses. Non-economic damages can include pain and suffering, emotional distress, and more.

Bendit Weinstock, P.A. represents people who have been injured because of a doctor’s negligence. Contact us to discuss your New Jersey failure to diagnose case or another medical malpractice claim.

Send us a message or call (973) 736-9800 to schedule a free consultation with our New Jersey failure to diagnose attorneys.

Our Case results

The Standard of Legal Excellence Since 1957
  • Negligent Storage of Drugs $5,400,000
  • Lasik Surgery Malpractice (5 cases) $4,257,273
  • Hospital Malpractice $4,000,000
  • Orthopedic Malpractice $3,942,208
  • Emergency Room Malpractice $3,615,000
  • Emergency Room Malpractice $3,250,000
  • Birth Trauma $3,000,000
  • Surgical Malpractice $3,000,000
  • Failure to Diagnose Preeclampsia $2,600,000
  • Wrongful Birth $2,600,000

Client Testimonials

Hear from past clients we helped
  • “I'm so glad Raj and Bendit Weinstock handled my case. I would recommend them to my family and friends. Thank you so much for your professionalism, attentiveness and thoughtfulness.”

    - Joy P.
  • “An excellent attorney. He did right by me. I am extremely pleased and I thank him very, very much.”

    - Jane T.

What Sets our firm apart?

  • Personalized Attention
    Our lawyers treat every client with the highest respect and handle cases personally instead of passing them off to a paralegal.
  • Results-Driven Approach
    Our attorneys are committed advocates for our clients.
  • Award-Winning Attorneys
    Our experienced attorneys have been widely recognized for their excellence within their respective legal fields.
  • Experience on Your Side
    Founded in 1957, we are proud to be one of theĀ oldest and most experienced law firms in the state.
Over 60 years of service

Bendit Weinstock, P.A. is a premier firm in New Jersey representing clients in a variety of legal matters. Established in 1957, it is one of the oldest and most experienced law firms in the state.