Medical misdiagnosis is one of the most devastating forms of medical malpractice. It can result in delayed treatment, irreversible harm, and even death. In Bergen County, New Jersey, these cases—especially Delayed Diagnosis Lawsuits—are more common than most people think. At Sammarro & Zalarick, we understand how overwhelming it can be to navigate the legal system while recovering from medical trauma. This post is designed to give you clarity, empower you with knowledge, and help you understand when a misdiagnosis or delayed diagnosis rises to the level of legal action.
Whether you or a loved one suffered harm from a missed cancer diagnosis, stroke, heart attack, or another serious condition, knowing your rights can make all the difference. Our team of experienced medical negligence attorneys in Bergen County is here to advocate for you.
What Is a Misdiagnosis or Delayed Diagnosis?
A misdiagnosis occurs when a medical provider identifies a condition incorrectly. For example, a patient suffering from early-stage cancer may be told they have a benign illness. A delayed diagnosis happens when the correct diagnosis is eventually made—but too late to prevent serious harm. Both types of errors fall under the broader category of diagnostic errors, which are responsible for an estimated 100,000 deaths or permanent disabilities in the U.S. each year.
Misdiagnosis and delayed diagnosis can result from a range of factors, including rushed appointments, lack of appropriate testing, failure to review results, or even systemic failures in a healthcare facility. In legal terms, not every mistake is malpractice—but if the provider failed to meet the standard of care, and that failure caused injury, a lawsuit may be warranted.
Common conditions often misdiagnosed or diagnosed too late include:
- Cancer (breast, colon, lung, etc.)
- Stroke
- Heart attack
- Meningitis
- Sepsis
- Infections and autoimmune diseases
- Internal bleeding
The Legal Basis for Delayed Diagnosis Lawsuits in NJ
To file a medical malpractice lawsuit in New Jersey, including Bergen County, a patient must prove more than just an undesirable outcome. There must be evidence that the provider breached the standard of care expected in their profession and that this breach directly caused injury or worsened the patient’s condition.
For delayed diagnosis lawsuits, the legal claim typically involves:
- A duty of care (e.g., the doctor-patient relationship existed)
- A breach of that duty (e.g., failure to order proper tests)
- A direct link between that breach and the harm suffered
- Measurable damages (e.g., medical expenses, pain, disability)
New Jersey requires an Affidavit of Merit, a document signed by a medical expert attesting that the case has merit. This step is crucial and time-sensitive, which is why it’s essential to consult a Bergen County medical malpractice lawyer as soon as possible.
Real-Life Impact of Misdiagnosis: How Delays Can Change Lives
When a diagnosis is delayed, the impact isn’t just medical—it’s emotional, financial, and deeply personal. A patient who could have undergone early treatment may instead face invasive procedures, a terminal prognosis, or lifelong disability. Families often carry the burden of lost income, mounting healthcare bills, and emotional trauma.
For example, imagine a patient who visits an urgent care clinic with signs of a stroke. If the attending physician dismisses it as a migraine and sends them home, that delay in care can result in brain damage or paralysis. Had the diagnosis been timely, immediate intervention could have prevented the worst outcome.
Who Can Be Held Liable for a Misdiagnosis?
Misdiagnosis and delayed diagnosis are not always the fault of a single person. Depending on the case, several parties may share responsibility, and identifying them is a key step in building a successful claim.
Potentially liable parties in a Bergen County delayed diagnosis lawsuit include:
- Primary care physicians
- Specialists (oncologists, cardiologists, neurologists, etc.)
- Emergency room doctors
- Radiologists and lab technicians
- Nurses and medical assistants
- Hospitals and clinics (for systemic or staffing failures)
Statute of Limitations: How Long Do You Have to File?
In New Jersey, the statute of limitations for medical malpractice cases is generally two years from the date the patient knew or should have known about the injury. However, there are exceptions, especially for minors or in cases where the harm wasn’t immediately evident.
For delayed diagnosis, this “discovery rule” is critical. For instance, if a person is diagnosed with advanced cancer in 2024 but later finds out that a doctor failed to follow up on abnormal imaging in 2022, the clock may start from the moment they discovered that failure—not the original date of negligence.
Because these timelines can be complex, speaking with a medical negligence attorney in NJ early on is essential to preserve your rights.
What Kind of Compensation Can You Recover?
Victims of misdiagnosis or delayed diagnosis in Bergen County may be eligible for substantial compensation, depending on the harm caused. At Sammarro & Zalarick, our goal is to secure every dollar you deserve—not just for today, but for your future.
Types of damages may include:
- Medical bills (past and future)
- Loss of income or earning capacity
- Pain and suffering
- Loss of quality of life
- Long-term disability costs
- Emotional distress
- Wrongful death (for family members of deceased patients)
Each case is unique, and the compensation depends on the severity of the harm and its long-term impact. Our attorneys can evaluate your case and provide realistic expectations from the beginning.
Why Choose Sammarro & Zalarick for Your Misdiagnosis Case?
As a trusted personal injury lawyers in Bergen County, we pride ourselves on offering compassionate, experienced legal representation for medical malpractice victims. Our attorneys have decades of combined experience helping individuals and families navigate complex cases involving medical negligence.
We’re not a high-volume firm churning out quick settlements. We build real relationships with our clients, investigate thoroughly, and fight aggressively for justice—because we know what’s at stake.
What sets us apart:
- Deep knowledge of New Jersey medical malpractice law
- Local presence with ties to the Bergen County community
- Access to a network of respected medical experts
- Personalized attention and clear communication
- Proven track record of results
How the Legal Process Works: Step-by-Step Guide
Filing a delayed diagnosis lawsuit may feel intimidating, but with the right team by your side, the process becomes manageable. Here’s what you can expect when you contact Sammarro & Zalarick:
- FREE Consultation: We start with a no-obligation case review to understand your situation and determine if legal action is appropriate.
- Medical Record Review: Our legal and medical experts will comb through your records to assess what went wrong.
- Filing the Complaint: If your case is viable, we file a formal complaint in New Jersey Superior Court.
- Expert Affidavit of Merit: A qualified medical professional will sign an affidavit supporting your claim.
- Discovery and Negotiation: We exchange evidence with the defense and may attempt settlement negotiations.
- Trial or Settlement: If needed, we proceed to trial and fight for your rights in court.
Throughout every stage, we’ll explain your options and keep you informed.
Local Focus: Helping Bergen County Residents
Bergen County is home to world-class hospitals and healthcare providers—but mistakes can happen anywhere. As local attorneys, we understand the specific medical and legal landscape here. Whether your case involves Valley Hospital in Ridgewood, Hackensack University Medical Center, Englewood Health, or another facility, we have the insight to handle it effectively.