Mistakes in diagnosing bone, joint, or musculoskeletal issues can lead to unnecessary pain, delayed treatment, or even permanent damage. A Newark orthopedic misdiagnosis lawyer understands how deeply this can affect your life.
At O’Connor, Parsons, Lane & Noble, we have served tens of thousands of clients since 2008. Our misdiagnosis lawyers in Newark will guide you through the legal process with care and clarity. Call today to schedule a free initial consultation.
What Counts as a Misdiagnosis?
A medical misdiagnosis occurs when a healthcare provider fails to correctly identify a patient’s condition, leading to delayed, incorrect, or unnecessary treatment. Our medical malpractice lawyers in Newark will investigate if your situation qualifies.
An orthopedic misdiagnosis can happen with fractures, joint injuries, spinal problems, or other orthopedic issues. Not every diagnostic mistake is considered medical malpractice, but if negligence or failure to meet the standard of care contributed to the error, it may be grounds for a legal claim.
Failure to Recognize a Post-Operative Complication
When a surgeon or medical team fails to identify a serious issue (such as a compressed spinal cord or nerve), the patient can suffer permanent neurological damage. These complications may lead to chronic pain, muscle weakness, paralysis, or loss of sensation.
Proper post–operative monitoring, imaging, and communication between providers are essential to detect warning signs early and prevent lasting harm.
Failure to Recognize a Congenital Orthopedic Condition
Some orthopedic issues stem from congenital conditions, such as disorders present at birth that affect bone, joint, or muscle development. When a doctor fails to recognize these abnormalities, patients may miss the chance for early intervention that could prevent deformities, mobility problems, or lifelong pain.
Malunion or Nonunion of Fracture Reduction
When a bone fracture is not properly aligned or fails to heal, it is known as a malunion or nonunion. These outcomes often occur when an orthopedic specialist misjudges the fracture’s severity, provides inadequate stabilization, or fails to monitor healing progress. The result can be chronic pain, reduced function, or the need for corrective surgery.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care in diagnosing or treating bone, joint, or musculoskeletal conditions, and that failure causes harm to the patient. In addition to misdiagnosis, this can also include surgical mistakes, improper treatment plans, and other acts of negligence or substandard care.
If you are unsure whether you have a valid medical malpractice case, please contact us. We will investigate the medical incident and review your options. Our Newark orthopedic medical misdiagnosis lawyers will outline your next steps. O’Connor, Parsons, Lane & Noble simplifies the process for you.
Proving Negligence in a Newark Orthopedic Misdiagnosis Case
Establishing negligence is a key part of an orthopedic misdiagnosis case because it shows that the doctor or medical provider failed to meet the standard of care expected in their profession.
Simply having a misdiagnosis is not enough to win a claim; you must prove that the provider acted carelessly or made avoidable mistakes that directly caused harm.
As your orthopedic misdiagnosis attorneys in Newark, we focus on the following elements to prove negligence:
Duty of Care
We first establish that the medical provider owed you a duty of care. This means they were responsible for providing treatment that meets the accepted standards of orthopedic medicine.
Every doctor has a legal and professional obligation to evaluate, diagnose, and treat patients with reasonable skill and attention.
Breach of Duty
Next, we show that the provider failed to meet this standard. A breach of duty can occur when a doctor misdiagnoses a condition, overlooks critical symptoms, delays necessary treatment, or performs a procedure incorrectly.
This step demonstrates that the provider did not act as a competent orthopedic professional would have in the same situation.
Causation
We then link the breach of duty directly to your injury or worsening condition. It is not enough to prove that the mistake occurred. We must show that the misdiagnosis caused harm, such as prolonged pain, additional surgeries, or permanent mobility issues.
Damages
Finally, we document the actual harm you suffered as a result of the misdiagnosis. This can include medical expenses, lost income, physical pain, emotional distress, and long-term impacts on your quality of life.
Proving negligence helps demonstrate that the injury, delayed treatment, or worsening condition was preventable and that you are entitled to compensation. Without clear evidence of negligence, it is very difficult to hold the provider legally responsible.
You Have a Limited Time to File a Medical Malpractice Lawsuit in New Jersey
In New Jersey, a medical malpractice lawsuit must generally be filed within two years from the date a healthcare provider’s negligence harmed the patient. Missing this deadline usually results in the case being dismissed.
However, New Jersey applies the discovery rule, which allows the two-year period to start from the date the patient discovered (or reasonably should have discovered) the malpractice. The burden is on the patient to prove they could not have known about the error earlier.
Special rules apply for minors and birth-related injuries:
- For injuries at birth, lawsuits must be filed before the child turns 13
- For minors injured in other cases, lawsuits can be filed within two years after the patient turns 18
Call Our Compassionate Newark Orthopedic Misdiagnosis Lawyers
If an orthopedic medical professional misdiagnosed you, our Newark attorneys are here to help. We approach every case with care and a commitment to your well–being.
Our goal is to hold medical providers accountable and help you recover compensation for medical bills, lost wages, and the physical and emotional impact of your experience.
Call O’Connor, Parsons, Lane & Noble today for a free consultation. We will explain your options clearly and guide you through each step so you can make confident, informed decisions about your path to recovery.