Failure to Diagnose Attorneys in New Jersey
Missed & Misdiagnosis Malpractice Lawsuits
Medical professionals are trained to identify certain symptoms and signs patients are dealing with. While sometimes these symptoms can be more obscure or very general, other times they can very obviously indicate a certain medical issue is occurring.
Doctors should know when to order tests or other diagnostic methods to determine what a patient is struggling with. If they don’t take the proper steps, they could misdiagnose or even fail to diagnose a serious medical condition, like cancer.
Why Choose Levinson Axelrod, P.A.?
Levinson Axelrod, P.A. is an award-winning trial practice that has been serving New Jersey residents for over eight decades. Clients with high-stakes personal injury and medical malpractice claims trust our team because of our proven record of success.
- We have won over $1 billion for clients, and over $350 million in the past 5 years.
- We have been named to U.S. News “Best Law Firms” as a Tier 1 injury firm.
- Our offices are staffed by at least one NJ Supreme Court Certified Civil Trial Law Specialist.
- Attorney Rosemary E. McGeady, M.D. is a former physician with over 20 years’ experience.
As one of the state’s largest injury firms, we have the resources to litigate tough cases. We offer FREE consultations and work on contingency fees, which means there’s no fee unless we win. Contact us to learn how we can help.
When is a Missed or Delayed Diagnosis Malpractice?
In medical malpractice cases, health care providers can be held liable when they deviate from the standard of care and injure patients as a result.
Determining what standard of care applied to a provider-patient relationship and whether a provider failed to meet those standards can be difficult and will depend on the facts of a case. In general terms, a provider deviates from the standard of care when they fail to act in a manner a reasonably skilled provider in their field would be expected to act under similar to the same circumstances.
When it comes to diagnostic errors, there are many acts of negligence that may entitle victims to a medical malpractice claim. Some examples include:
- Failing to perform an adequate patient evaluation or medical history.
- Failure to order tests based on signs and symptoms.
- Failing to recognize and timely treat a medical emergency, such as an evolving heart attack.
- Misinterpreting lab results or making a benign finding that misses a condition.
- Failure to recognize signs of complications or distress.
- Failures to recognize and treat pregnancy or childbirth complications, resulting in birth injury.
At Levinson Axelrod, P.A., we investigate malpractice claims closely and leverage the insight of an attorney / M.D. and other medical experts to evaluate whether provider’s may be liable for negligence.
Medical Negligence & Testing Errors
With hundreds of different diagnostic tests available for patients, it can be all too easy for doctors or specialists to read these tests incorrectly. In addition, these tests may be performed incorrectly and result in misdiagnosis, causing a patient even more medical complications and issues. Testing errors can even lead to increased injuries or wrongful death.
Testing errors are often the result of human error. Unfortunately, even seemingly minor errors can mean the difference between arriving at an accurate, timely diagnosis and missing out on the opportunity to treat a condition. For some conditions, such as cancer or heart attack, a testing error can mean the difference between life and death.
Examples of testing errors:
- Failure to order tests and imaging (CT scans, MRIs, etc.)
- Misinterpreting lab or imaging results
- Incorrectly performed diagnostic tests
- Miscommunication between labs and doctors
- Failure to follow-up with action regarding test results
Conditions commonly missed or misdiagnosed:
- Stroke and heart attack
- Cancer, including breast cancer and skin cancer
- Failure to diagnose infection / section
- Missed organ damage or internal bleeding
Your Right to Compensation After a Missed Diagnosis
If a provider failed to diagnose, misdiagnosed, or otherwise failed to timely recognize and treat a condition that caused preventable injuries, they can be held responsible for victims’ damages. This may include:
- Medical bills and future medical expenses
- Lost income and lost earning potential
- Permanent disability or disfigurement
- Loss of consortium or companionship
- Pain and suffering
- Other economic and non-economic damages
Call for a FREE Case Evaluation
New Jersey imposes a 2-year statute of limitations on most medical malpractice cases. To preserve your right to make a financial recovery and provide your attorney with the time to investigate, it’s a wise decision to have your case evaluated as soon as you can.
At Levinson Axelrod, P.A., our New Jersey lawyers are available to review cases involving a failure to diagnose. We serve residents statewide and offers FREE case evaluations. Contact us today.
Medical Malpractice Settlement $12,500,000
Tractor-Trailer Jury Verdict $8,000,000
A 35-year-old laborer who resides in Kearny was seriously injured while working on the median of a highway when a passing tractor-trailer lost a wheel that struck him. Evidence at trial established that after a recent tire change, the lug nuts were not properly secured by both the owner and the independent contractor who had installed the tire. Our client suffered severe head and orthopedic injuries and is now totally disabled as a result of the accident.
Premises Liability Jury Verdict $7,000,000
A woman was putting her 3-year-old son on a carnival amusement ride while holding onto a portable fence when she received an electrical shock. Our client was hospitalized and later developed Traumatic Dystonia, a condition that caused tremors in the hand and makes the fingers curl.
Personal Injury Settlement $7,000,000
A Middlesex County man was severely injured and burned as a result of a collision with a truck. The truck driver had lost control of his vehicle and had come through a median barrier which had failed to redirect the truck away from oncoming traffic. Expert testimony established that the median barrier was defective and therefore failed to protect motorist from this type of accident.
Personal Injury Jury Verdict $6,000,000
A female drunk driver crashed into plaintiff’s vehicle causing multiple fractures to the right ankle and foot. Plaintiff’s doctor testified that plaintiff would be under pain management protocol for the rest of his life due to this condition.
Tractor-Trailer Settlement $3,700,000
A Morristown woman was injured when her vehicle was struck by a tractor-trailer that lost control on black ice on Interstate 287. The defendant's truck had jack-knifed as it was changing lanes in order to avoid an earlier accident. The accident resulted in our client suffering severe head injuries.
Product Liability Jury Verdict $3,500,000
Worker injured by product defect on his commercial truck.
Personal Injury Verdict $3,200,000
Levinson Axelrod, P.A. Partner Kim Gozsa recently obtained a $3.2 million dollar verdict on behalf of a client who was injured in a slip and fall accident at an outlet shopping plaza in Jackson, New Jersey. The substantial jury award stems from a case in which Kim’s client slipped and fell on ice on a sidewalk at the Jackson Premium Outlets, an outlet shopping center in Jackson Township, New Jersey.
Premises Liability Jury Verdict $3,000,000
An Edison delivery man slipped on a wet floor while delivering a package. He broke his knee in the fall and suffered an injury to his spine, which in turn aggravated pre-existing conditions of incontinence and impotence which had been caused by previous injuries.
Premises Liability Jury Verdict $3,000,000
Our client, a North Plainfield man, was injured when he slipped and fell on snowy steps while exiting his building. He suffered a lumbar disc injury, requiring surgery. The jury found his landlord 100% liable for the accident for failing to clear the steps to the building.
Wrongful Death Jury Verdict $3,000,000
A worker developed asbestosis and lung cancer due to Asbestos exposure. Evidence at trial proved asbestos to be a defective product, which causes harm to workers who use it. Jury awarded the victim's widow damages for wrongful death.
Personal Injury Settlement $3,000,000
A 31-year old iron worker was injured in a construction site accident when he was struck in the head by a cinder block. Despite the facts that he was wearing a hard hat at the time, the plaintiff still received a serious closed head injury resulting in both memory loss and total disability. The case was handled by both Richard Levinson and James Dunn and settled at the time of trial.
Inadequate Security Jury Verdict $2,700,000
A mother of nine was shot and killed while working at a convenience store. Evidence at trial proved a lack of adequate security, including a panic button and outgoing phone line, had placed this worker at risk. Expert testimony also established that there was an increased risk of criminal activity in convenience stores which had inadequate surveillance equipment. The matter was upheld on Appeal, and settled prior to being reviewed by the New Jersey Supreme Court.
Third-Party Work Injury Settlement $2,650,000
The plaintiff sustained a traumatic amputation of one leg, and a crush injury to the opposite foot, in a construction site accident. The claim was brought against the Department of Transportation, as it had a duty to monitor safety on the work site and its failure to do so contributed to the happening of this accident.
Premises Liability Settlement $2,500,000
Our client was injured while delivering a 3,000 pound piece of equipment to defendant's premises. The defendant's employees were assisting our client in unloading the product when one of them prematurely activated the lift gate, causing the piece of equipment to fall and strike his legs. He suffered serious injuries to both legs, requiring multiple surgeries.
Motorcycle Collision Settlement $2,500,000
A young man was seriously injured while riding his motorcycle to work when another driver made a left hand turn in front of him, leaving our client had no memory of the accident. He suffered a number of serious fractures and underwent multiple surgeries, leaving him with disabilities. The case settled on the second day of trial.
Auto Accident Settlement $2,500,000
Levinson Axelrod Partner, Mark V. Kuminski represented a local Franklin Township woman who was involved in a three-car motor vehicle accident. The incident occurred when one of the drivers, later named as the defendant in the personal injury lawsuit filed by Mark and our firm, rear-ended a vehicle that had been stopped. Mark’s ability to express the full scope of damages incurred by our client, proved successful in compelling the jury to rule in our client’s favor.
Personal Injury Settlement $2,500,000
Our client suffered a traumatic head injury after falling due to an unsecure railing.
Personal Injury Jury Verdict $2,250,000
The plaintiff injured her ankle when she stepped into a cement cut out in a commercial sidewalk where a tree had been planted. The plaintiff had been walking on the sidewalk on her way to a down town holiday festival. Her attention had been distracted by a negligently placed chestnut grilling stand, thereby diverting her attention away from the cut out. The plaintiff brought claims against both the property owner and the operator of the chestnut stand.
Construction Accident Settlement $2,200,000
The plaintiff sustained a herniated disc in his lower back, for which he was required to undergo a surgical fusion. When the surgery failed to improve his symptoms, the plaintiff underwent the implantation of a spinal cord stimulator.
Levinson Axelrod, P.A. is committed to helping good people through difficult times. We build real relationships and make communication a priority to provide the best possible service and results.
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