Failure to Diagnose Attorneys

The number of diagnostic errors has been increasing over recent years, pointing to a major problem in the medical field. According to a 2023 study by Johns Hopkins University, diagnostic issues affect approximately 795,000 Americans annually. These errors are responsible for aggravated and preventable health challenges that often cause permanent disabilities and sometimes even death.

If you or a loved one has suffered injuries due to a failure to diagnose, you may be entitled to compensation through the proper legal action. A failure to diagnose lawyer from Varcadipane & Pinnisi, P.C., can assist you in filing a medical malpractice claim against the negligent medical professionals to ensure you receive justice and rightful compensation. We will pursue appropriate legal avenues to assist you in reclaiming your life after a failure-to-diagnose incident that caused you financial losses and much pain and suffering.

Table Of Content

How Can a Failure To Diagnose Happen?
Is Failure To Diagnose Considered Malpractice?
Most Common Misdiagnosed Conditions
Consequences of a Misdiagnosis
What Kind of Compensation Can I Get?
Contact Our New Jersey Failure To Diagnose Attorneys

How Can a Failure To Diagnose Happen?

Failure to diagnose occurs when a healthcare provider fails to identify a patient’s condition correctly. This may happen for various reasons, often due to lapses in standard medical testing or procedures. Here are some common scenarios where a failure to diagnose might happen:

Clinical reasoning errors. These occur when a healthcare provider misinterprets clinical data or overlooks critical information.
Communication breakdowns. Poor communication between healthcare providers, patients, and specialists can result in crucial information being missed or misunderstood.
Systemic issues. Issues with the healthcare system, including inadequate staffing, poor workflow design, or lack of access to necessary diagnostic tools, can hinder accurate diagnosis.
Human factors. Fatigue, cognitive overload, and biases can affect a healthcare provider’s judgment and decision-making abilities.
Inadequate follow-up. Not following up on test results or patient progress can lead to missed diagnoses.
Inadequate testing. Failure to order necessary tests can result in missed diagnoses. In some cases, even if tests are ordered, results might be misinterpreted.
Incomplete medical history. Not taking a comprehensive medical history can lead to missed connections that could point to a correct diagnosis.
Technological errors. Reliance on faulty or outdated diagnostic equipment can also contribute to diagnostic failures.

The following is an example of a failure to diagnose a case:

A middle-aged man arrives at the emergency room with shortness of breath and chest pains. The attending physician diagnoses him with acid reflux and discharges him with antacids.

The patient returns to the ER two days later with a full-blown heart attack, leading to severe cardiac damage. This is a “failure to diagnose” case because an initial ECG and blood tests could have identified the initial cardiac event, which would have led to timely intervention and possibly prevented extensive heart damage.

Is Failure To Diagnose Considered Malpractice?

Failure to diagnose can be medical malpractice, depending on the unique circumstances of the case. Medical malpractice happens when a doctor or a healthcare professional deviates from the medically accepted standard of care, and as a consequence, the patient sustains actual harm.

Failure to diagnose can fall under malpractice if these elements are proven:

Duty of Care

A patient-provider relationship must be established, meaning the healthcare provider officially assumes responsibility for care to the patient. This is usually straightforward to prove if the patient was being treated or consulted by the provider.

Breach of Duty

It must be proved that the healthcare provider didn’t meet the care standards that are usually expected in the medical profession. This involves showing that a competent provider, under the same set of circumstances, would have made the correct diagnosis or taken additional steps to diagnose the condition.

Causation

You must prove that the misdiagnosis directly hurt you as a patient. This often involves showing that, had the correct diagnosis been made in a timely manner, the outcome would have been significantly better.

Damages

The patient needs to have actually been harmed because of the missed diagnosis. One must, therefore, prove that they suffered either physical pain, additional medical treatment, emotional distress, or financial costs.

When these elements are present, you can pursue a failure-to-diagnose case as a medical malpractice claim. However, proving the provider’s deviation from the standard of care can be challenging. Patients or their families need to consult with a failure-to-diagnose attorney in New Jersey to navigate this process confidently.

Most Common Misdiagnosed Conditions

According to research, many diagnostic errors fall into three major categories, namely vascular events, infections, and cancers. Here’s a closer look at some of the most frequently misdiagnosed conditions within these categories:

Vascular Events

Stroke
Heart attack
Venous thromboembolism (VTE)
Aortic aneurysm and dissection
Arterial thromboembolism

Infections

Sepsis
Meningitis and Encephalitis
Spinal Infections
Pneumonia
Endocarditis

Cancers

Lung cancer
Breast cancer
Colorectal cancer
Prostate cancer
Skin cancer

Other Notable Conditions

Diabetes
Mental health disorders
Rare genetic disorders

If you suspect a misdiagnosis has occurred, seeking a second opinion from a specialist or consulting a lawyer can be key in establishing a malpractice. A study by Mayo Clinic researchers revealed that seeking a second opinion can even mitigate the injuries, as 20% of patients received a completely different diagnosis, while about two-thirds received a refined diagnosis.

Consequences of a Misdiagnosis

Misdiagnosis typically implies that the doctor fails to diagnose the right condition and administers the wrong treatment or medication. The obvious consequence is that the condition will be left untreated and may become more severe or lead to additional health complications.

For instance, cancer misdiagnosis can lead to the progression of the disease, making it harder to manage when it has progressed to advanced stages.

Also, the stress and anxiety of dealing with an undiagnosed or misdiagnosed condition can cause a huge emotional burden on patients and their families. Misdiagnosis often leads to additional medical costs, lost income, and other expenses, putting financial strain on families.

Your lawyer will ensure that the impact of the misdiagnosis on your life is completely factored into your compensation. Therefore, be sure to document your injuries and how they affect your way of life.

Who Can Be Liable for Failure To Diagnose a Health Condition?

Liability for failure to diagnose can affect various parties within the healthcare system. Potentially liable parties include:

Physicians. Doctors who fail to recognize symptoms, order appropriate tests, or follow up on test results.
Hospitals. Healthcare institutions may be liable if systemic issues, such as understaffing or poor communication protocols, contribute to the misdiagnosis.
Diagnostic labs. Lab technicians or facilities that misinterpret or mishandle test results.
Specialists. Specialists who fail to provide accurate second opinions or follow-up on referred cases.

These parties have a responsibility to care for patients and ensure timely, accurate diagnoses. If they fail to meet this standard, it may amount to negligence and result in legal liability.

What Kind of Compensation Can I Get?

Victims of failure to diagnose can seek various forms of compensation for the damages they have suffered. Compensation can cover:

Medical expenses. Costs for both past and future medical treatments related to the misdiagnosis.
Lost wages. Compensation for earnings lost due to inability to work as a result of the misdiagnosis.
Pain and suffering. Restitution for the physical pain and emotional distress experienced due to the misdiagnosis.
Loss of quality of life. Damages for the diminished quality of life resulting from the worsened health condition.
Wrongful death benefits. In cases where misdiagnosis leads to death, the family can seek compensation for losing a companion, benefits, and funeral expenses.

To secure adequate compensation, you will need legal representation. Your failure to diagnose lawyer will help accurately calculate and prove the extent of damages for commensurate compensation.

Contact Our New Jersey Failure To Diagnose Lawyers Now

A winning medical malpractice claim largely depends on robust legal representation. Handling the legal process while recovering from a misdiagnosis injury can bring significant challenges and risks, potentially leading to inadequate compensation, if any at all. At Varcadipane & Pinnisi, P.C., we understand the complexity associated with proving medical malpractice cases against medical professionals.

Our medical malpractice attorneys in New Jersey will handle your case, from gathering evidence and consulting experts to negotiating with insurance companies and litigation. We aim to achieve a favorable outcome, ensure your life goes back to normal, and significantly reduce your pain and suffering. Contact us today online or call (201) 588-1500 so we can evaluate your case free of charge.

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New York & New Jersey Personal Injury & Litigation Lawyers

"Thank you Varcadipane & Pinnisi for solving our community problems. You are the best. Gloria "

Gloria Castaño Client
"These Lawyers are very very good. They help and we are very thankful. "

Horacio Ponce Client
"This firm and Jeff’s team are a class act. They are highly knowledgeable with HOA laws. I look forward to working with them in the near future. Thank you! "

Greg Ortiz Client
"Our cohort used this firm to help resolve a condominium HOA dispute, they were very professional, efficient, and knowledgeable. "

Jarrod Jacobs Client
"Jeff Varcadipane is a star attorney. Works diligently and never gives up. He fights for your legal rights. "

Girish Mehta Client
"I am very pleased with their service. Mr. Jeff Varcadipane explained and analyzed the case in details. He and his team are very professional. "

Kung-Kuen Tse Client
"I would like to personally thank our Attorneys Jeff and Noah at V&P, PC. They have always been completely transparent, dedicated, and hardworking -They have gone above and beyond to extend themselves for our matter. They come wit..."

Nikiya Scott Client
"Jeff, Noah, and the team… saved us over $260K in questionable assessments by a board that has shown to have unethical practices, provided voices for those censored by board members suspected of corruption. They’ve been instrument..."

Tracy Ejerekhile Client
"Selecting the right law firm can be the difference between merely accepting a settlement and securing the highest possible compensation. Varcadipane & Pinnisi is not just any firm; they are a top-tier legal team known for their u..."

Sarah Caprio Client
"Timely efficient and highly knowledgeable about Home Owners Association laws. Highly-qualified, recommended. "

Alvaro Quintero Client
"I want to thank you for the excellent representation offered, very professional and honest. "

Maria Petock Coelho Client
"Incredible group of attorneys, paralegals and administrative staff that treat you like a person and not just a number. They truly care about your health and will provide you with incredible representation for the largest possible rec..."

William Klepper Jr. Business Referral
"Thank you Jeffrey and your team for helping solve legal issues! Amazing firm! "

Diane Rasa Client
"Jeff helped me personally and I couldn’t be happier with the professionalism and the result! Great team and terrific firm! "

Matt Leone Client
"Jeff and Dawn are both incredibly knowledgeable and caring attorneys who do the best for their clients. We all know that dealing with lawyers can sometimes be a challenge – I have personally used them and found my experiences t..."

William Gulya Client
"I recently had the pleasure of working with Varcadipane & Pinnisi, and I can’t recommend them highly enough. From the initial consultation to the resolution of my case, the team was professional, knowledgeable, and incredib..."

Eddie Casola Client
"The team at Varcadipane & Pinnisi are the best! I had an excellent experience, as their team was not only knowledgeable but also highly responsive. They provided clear guidance throughout the process. Their professionalism and de..."

Sarah Weimer Client
"Great experience with V&P! Everyone we worked with at the firm was top notch and provided great advice and service. Would highly recommend! "

Chris Koinis Client
"Excellent team of lawyers and staff. Their director of operations Jeremy was also very kind and considerate. "

Jacob Valentin Client
"Highly recommend Varcadipane & Pinnisi for personal injury and civil litigation. They are an excellent group of people who really care about their clients and employees. Highly skilled attorneys and staff. Shout out to the operat..."

Nelly Valentin Client
"Always great working with Varcadipane & Pinnisi they are very professional and get the job done. "

Anne Weimer Client
"The lawyers at this firm truly care about their clients and put 100% into their cases. I could not be more satisfied with the outcome of my case. "

Laura P. Client
"I couldn’t be more pleased with the service and expertise provided by V&P. Their dedication, attention to detail, and clear communication made a stressful situation much easier. They went above and beyond to ensure a positive o..."

Rob Freeborn Client
"Fabulous team of attorneys. Trustworthy, responsive and professional "

Jessica Larsen Client
"This firm is absolutely extraordinary. Who you choose to represent you makes a huge difference. I’m thankful they were able to represent me. "

Geff Tirabassi Client
"I highly recommend Varcadipane & Pinnisi to anyone seeking a skilled and professional law firm. Their team was exceptionally responsive and diligent when I faced an urgent issue after someone defaulted on a loan. After a previous..."

Judith Bassford Client
"I have retained the attorneys at VARCADIPANE & PINNISI for personal and commercial matters and have always had a great experience. They are knowledgeable and excellent at communicating throughout the legal process. "

Daniel Valinoti Client
"Very professional firm to work with. WONDERFUL people. "

Meredith Casola Client
"Great courteous people awesome to deal with. "

Frank Casola Client
"Had great Experience with the firm. The attorneys as well as the staff are amazing. I would recommend them to anyone. "

Dan Pinnisi Friend
"The attorneys at Varcadipane & Pinnisi, PC are extremely knowledgeable on a wide range of legal matters and they work tirelessly to achieve the best results for their clients! "

Christopher Pinnisi Friend
"The staff are very professional honest and accommodating. They deliver. I am very pleased and grateful. "

Helen Dittmeier Client
"Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

Gigi Diaz Client
"From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

Rob Scarcello Client
"Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

Ghania Chohan Client
"I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

Sandra Cherry Client
"Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

Hanna Yafar Client
"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

Robert J. Client
"Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

Rebecca Weimer Client
"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

Daniel Stanton Client
"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

Scott Harding Client
"I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

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Peer Review Birth Injury Attorney
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Peer Review Personal Injury Attorney
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Peer Review Car Accident Attorney
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Anonymous Client
"I highly recommend Dawn Pinnisi for medical malpractice, car accident, and personal injury cases. Not only is she one of the most experienced attorneys in the field she’s an honest, trustworthy, and caring person in the litigat..."

Peer Review Criminal Defense Attorney
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Failure to Diagnose Lawyer

Failure to Diagnose Attorneys

Table Of Content

How Can a Failure To Diagnose Happen?

Related Practice Areas

Personal Injury Lawyer

Medical Malpractice

Ovarian Cancer

Prostate Cancer

Is Failure To Diagnose Considered Malpractice?

Duty of Care

Breach of Duty

Causation

Damages

Most Common Misdiagnosed Conditions

Vascular Events

Infections

Cancers

Other Notable Conditions

Consequences of a Misdiagnosis

Who Can Be Liable for Failure To Diagnose a Health Condition?

What Kind of Compensation Can I Get?

Contact Our New Jersey Failure To Diagnose Lawyers Now

Find us in Paramus, New Jersey

Let Us Fight For You

Request Your Free Consultation

Practice Area

"Thank you Varcadipane & Pinnisi for solving our community problems. You are the best. Gloria "

"These Lawyers are very very good. They help and we are very thankful. "

"This firm and Jeff’s team are a class act. They are highly knowledgeable with HOA laws. I look forward to working with them in the near future. Thank you! "

"Our cohort used this firm to help resolve a condominium HOA dispute, they were very professional, efficient, and knowledgeable. "

"Jeff Varcadipane is a star attorney. Works diligently and never gives up. He fights for your legal rights. "

"I am very pleased with their service. Mr. Jeff Varcadipane explained and analyzed the case in details. He and his team are very professional. "

"I would like to personally thank our Attorneys Jeff and Noah at V&P, PC. They have always been completely transparent, dedicated, and hardworking -They have gone above and beyond to extend themselves for our matter. They come wit..."

"Jeff, Noah, and the team… saved us over $260K in questionable assessments by a board that has shown to have unethical practices, provided voices for those censored by board members suspected of corruption. They’ve been instrument..."

"Selecting the right law firm can be the difference between merely accepting a settlement and securing the highest possible compensation. Varcadipane & Pinnisi is not just any firm; they are a top-tier legal team known for their u..."

"Timely efficient and highly knowledgeable about Home Owners Association laws. Highly-qualified, recommended. "

"I want to thank you for the excellent representation offered, very professional and honest. "

"Incredible group of attorneys, paralegals and administrative staff that treat you like a person and not just a number. They truly care about your health and will provide you with incredible representation for the largest possible rec..."

"Thank you Jeffrey and your team for helping solve legal issues! Amazing firm! "

"Jeff helped me personally and I couldn’t be happier with the professionalism and the result! Great team and terrific firm! "

"Jeff and Dawn are both incredibly knowledgeable and caring attorneys who do the best for their clients. We all know that dealing with lawyers can sometimes be a challenge – I have personally used them and found my experiences t..."

"I recently had the pleasure of working with Varcadipane & Pinnisi, and I can’t recommend them highly enough. From the initial consultation to the resolution of my case, the team was professional, knowledgeable, and incredib..."

"The team at Varcadipane & Pinnisi are the best! I had an excellent experience, as their team was not only knowledgeable but also highly responsive. They provided clear guidance throughout the process. Their professionalism and de..."

"Great experience with V&P! Everyone we worked with at the firm was top notch and provided great advice and service. Would highly recommend! "

"Excellent team of lawyers and staff. Their director of operations Jeremy was also very kind and considerate. "

"Highly recommend Varcadipane & Pinnisi for personal injury and civil litigation. They are an excellent group of people who really care about their clients and employees. Highly skilled attorneys and staff. Shout out to the operat..."

"Always great working with Varcadipane & Pinnisi they are very professional and get the job done. "

"The lawyers at this firm truly care about their clients and put 100% into their cases. I could not be more satisfied with the outcome of my case. "

"I couldn’t be more pleased with the service and expertise provided by V&P. Their dedication, attention to detail, and clear communication made a stressful situation much easier. They went above and beyond to ensure a positive o..."

"Fabulous team of attorneys. Trustworthy, responsive and professional "

"This firm is absolutely extraordinary. Who you choose to represent you makes a huge difference. I’m thankful they were able to represent me. "

"I highly recommend Varcadipane & Pinnisi to anyone seeking a skilled and professional law firm. Their team was exceptionally responsive and diligent when I faced an urgent issue after someone defaulted on a loan. After a previous..."

"I have retained the attorneys at VARCADIPANE & PINNISI for personal and commercial matters and have always had a great experience. They are knowledgeable and excellent at communicating throughout the legal process. "

"Very professional firm to work with. WONDERFUL people. "

"Great courteous people awesome to deal with. "

"Had great Experience with the firm. The attorneys as well as the staff are amazing. I would recommend them to anyone. "

"The attorneys at Varcadipane & Pinnisi, PC are extremely knowledgeable on a wide range of legal matters and they work tirelessly to achieve the best results for their clients! "

"The staff are very professional honest and accommodating. They deliver. I am very pleased and grateful. "

"Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

"From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

"Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

"I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

"Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

"Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

"I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care, and attention to detail. Your legal needs are in great hands with Varcadipane and Pinnisi, PC. "

"Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

"The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

"We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

"I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

"My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, P.C. What starte..."

"I would highly recommend Varcadipane and Pinnisi, P.C. for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We..."

"They are very good lawyers and they are very kind thanks for everything 😊😊 "

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