Whether at a hospital or a doctor’s office, a patient who suffers from an undiagnosed infection has legal rights. Under New Jersey law, patients who suffer injury as a result of a misdiagnosed or undiagnosed infection may be able to recover for damages against a hospital, family doctor, surgeon, etc.
New Jersey doctors, surgeons and specialists are negligent when their actions or omissions do not conform to the standard of medical care in the community. In the case of an infection which goes undiagnosed or is misdiagnosed, the patient is likely to suffer serious, long term damage as a result. Worsened outcome, additional invasive treatment such as surgeries, and lengthy hospital stays often result from failure to diagnose an infection. New Jersey laws allow the patient to recover for the injuries, medical bills and pain and suffering.
Below are some common reasons that an infection is misdiagnosed or undiagnosed:
Proving negligence in a New Jersey medical malpractice case requires consultation with a medical expert in the same area as the doctor or surgeon who misdiagnosed the infection. For example, in a case where a surgeon fails to diagnose an infection, only a fellow surgeon can determine if there was negligence. A family doctor would not be able to review the case to determine negligence of the surgeon. In some instances, depending on the kind of infection, additional experts may be needed, such as infectious disease experts.
Our lawyers handle medical malpractice cases against hospitals, doctors, surgeons, laboratories and more. Our lawyers have the expertise and resources of a large 200 lawyer firm to help prosecute these cases. For a free consultation, call 877.944.8396.
*Disclaimer: This website does not provide any legal advice or create any attorney-client relationship. Each case is unique and requires review by a qualified attorney. Discussion of prior outcomes or results is no guarantee of the same or similar outcomes in current or future cases.