Pennsylvania Misdiagnosis and Delayed Diagnosis Lawyer

Comprehensive Overview of Misdiagnosis and Delayed Diagnosis Cases in Pennsylvania and New Jersey

When Doctors Get It Wrong, We Fight to Make It Right

A correct and timely diagnosis is the cornerstone of quality healthcare. Yet every year, thousands of patients across Pennsylvania and New Jersey suffer due to a medical provider’s failure to diagnose accurately or quickly. These errors often result in worsened health conditions, increased medical costs, emotional suffering, or even death.

At Ostroff Godshall Injury and Accident Lawyers, we specialize in helping victims and families affected by medical negligence, particularly misdiagnosis and delayed diagnosis. This guide provides an in-depth overview of how these cases are handled under Pennsylvania and New Jersey law.

What is the difference between misdiagnosis and delayed diagnosis?

Misdiagnosis

Occurs when a healthcare provider wrongly identifies a patient’s condition. Common scenarios include:

  • Diagnosing a heart attack as acid reflux
  • Mistaking lung cancer symptoms for bronchitis
  • Identifying an autoimmune disease as anxiety
  • Common Types of Conditions that are Misdiagnosed:

Some of the most commonly misdiagnosed or delayed diagnoses include:

  • Cancer (breast, colon, lung, prostate, etc.)
  • Stroke
  • Heart attack
  • Meningitis
  • Infections (sepsis, MRSA)
  • Appendicitis
  • Pregnancy complications
  • Pulmonary embolism
  • Internal bleeding or trauma

Delayed Diagnosis

Happens when a doctor fails to detect a condition within a reasonable time, often due to:

  • Ignoring symptoms
  • Failing to order tests
  • Misinterpreting diagnostic imaging
  • Poor communication between specialists
  • Inadequate follow-up

Both result in preventable progression of illness, improper treatment, or lost opportunity for cure. Our firm has seen a wide range of cases, including:

  • Cancer Misdiagnosis: Breast, colon, lung, prostate, and pancreatic cancers
  • Heart Disease and Stroke: Mislabeling heart attack symptoms; delays in stroke recognition
  • Infections: Sepsis, meningitis, and other rapidly progressing illnesses
  • Orthopedic Injuries: Missed fractures and internal injuries after car accidents
  • Neurological Disorders: MS, Parkinson’s disease, and brain tumors
  • Autoimmune Diseases: Lupus, Crohn’s disease, or rheumatoid arthritis
  • Pediatric Errors: Missed signs of meningitis, appendicitis, or congenital conditions

A delay in diagnosis for any of these conditions can allow the illness to progress and cause irreversible harm. In some cases, a patient loses the chance for recovery altogether.

Medical Malpractice Defined in PA and NJ

In both Pennsylvania and New Jersey, medical malpractice is defined as the failure of a healthcare provider to meet the accepted standard of care, resulting in harm. To succeed in a malpractice case, the patient must prove:

  1. A doctor-patient relationship existed.
  2. The provider breached the standard of care.
  3. The breach caused an injury or worsened condition.
  4. Damages occurred as a result (economic and/or emotional).

Diagnostic Errors and the Standard of Care

Doctors are expected to:

  • Obtain complete medical histories
  • Properly assess symptoms
  • Order and interpret appropriate tests
  • Respond to abnormal results promptly
  • Refer to specialists when needed

A failure in any of these areas may constitute negligence. Our attorneys work with expert witnesses to establish where and how the standard of care was breached.

Pennsylvania Law on Misdiagnosis and Delayed Diagnosis

Statute of Limitations

  • Generally 2 years from the date of injury or date the patient reasonably discovered the error
  • Discovery Rule applies to cases where symptoms appeared later
  • Minors: Time begins when they turn 18, then 2 years to file

In Pennsylvania, a Certificate of Merit is a crucial legal document required in all medical malpractice cases, including those involving misdiagnosis or delayed diagnosis. It must be filed within 60 days of the complaint and serves to confirm that the plaintiff’s claims have a valid basis in medical science. Specifically, the certificate must be signed by a licensed medical professional who practices in the same or a similar specialty as the defendant and who has reviewed the case and determined that there is a reasonable probability that the care, skill, or knowledge exercised by the defendant fell outside acceptable professional standards and caused harm to the patient. This requirement helps prevent frivolous lawsuits and ensures that only cases with genuine merit proceed through the courts.

What happens if someone passes away as a result of a misdiagnosis or delayed diagnosis?

Wrongful Death Damages for Pennsylvania Delayed Diagnosis and Misdiagnosis Cases

In Pennsylvania, wrongful death damages are designed to compensate the surviving family members for the losses they suffer when a loved one dies due to someone else’s negligence or wrongful act, including medical malpractice such as misdiagnosis or delayed diagnosis. Under Pennsylvania’s Wrongful Death Act, eligible family members—such as spouses, children, and parents—can recover damages for financial losses including loss of the deceased’s earnings and benefits, medical and funeral expenses, and the loss of care, comfort, guidance, and companionship. Unlike some states, Pennsylvania allows compensation for both economic and non-economic damages, including pain and suffering experienced by the survivors. The personal representative of the deceased’s estate typically files the lawsuit, and the claim must be initiated within two years from the date of death. These damages aim to provide financial support and acknowledge the emotional impact on the family caused by the untimely loss.

Survival Claims in Pennsylvania Delayed Diagnosis and Misdiagnosis Cases

In Pennsylvania, a survival claim is a legal action filed on behalf of a deceased person’s estate to recover damages the decedent suffered before their death as a result of someone else’s negligence or wrongful act, including medical malpractice like misdiagnosis or delayed diagnosis. Unlike wrongful death claims, which compensate the family for their losses after the person’s passing, survival claims address the pain, suffering, medical expenses, and lost wages the injured person endured from the time of injury until death. The personal representative of the estate typically brings this claim, and it is filed alongside or separately from the wrongful death lawsuit. The statute of limitations for survival claims in Pennsylvania is generally two years from the date of death, aligning with the wrongful death statute. Survival claims ensure that the deceased’s suffering and losses are recognized and compensated in addition to the family’s damages.

Damages

  • No caps on compensatory damages
  • Punitive damages available in egregious cases

Case Example (PA)

A woman gets a diagnostic mammogram and ultrasound done because of a lump in her breast. The results came back as cystic ductal cluster – benign. No biopsy was recommended. 19 months later she suspects that the lump had grown in size and undergoes a repeat mammogram and ultrasound. This time the results come back as highly suspicious for cancer, and she is ultimately diagnosed with breast cancer.

After a second review of the mammogram and ultrasound that was done 19 months prior, it was determined that there was evidence of malignancy on the first set of tests.

We were able to recover a $3,000,000 settlement for our client for what she suffered as a result of the delay in diagnosing her cancer.

Recently, Attorney Richard Godshall represented a plaintiff in a medical malpractice case in Western Pennsylvania/Clarion County, and his client received a $6.95 million verdict. Attorney Godshall demonstrated to the court that his client’s healthcare providers caused a 13-month delay in his diagnosis of colorectal cancer.

Case Details

The case, Delavern v. Health Services of Clarion, was held in Clarion County Court of Common Pleas. The plaintiffs displayed their case with allegations and evidence that there were system failures in the health care facility that ultimately caused a grave misdiagnosis, and the defense stuck to medicine in this case.

The jury found that the health care professional who misdiagnosed the plaintiff to be 20% liable, the supervising doctor to be 30%, and the practice as a whole to be 50% liable for the negligence.

The breakdown of the case’s $6.95 million verdict was $3.5 million rewarded for noneconomic damages and $2 million for loss of consortium.

Takeaways

This case demonstrates that medical negligence does not lie solely with the individual who committed the act. The health care industry is built on the understanding that superiors and higher ups are to check the work of everyone under them because healthcare consists of an entire hospital’s ecosystem. Hospitals should learn from this and reexamine how the work of PAs and nurses is being checked by supervising doctors and how their chain of command needs to be a part of the care of each and every one of their patients.

New Jersey Law on Misdiagnosis and Delayed Diagnosis

Statute of Limitations

  • Adults – within 2 years of the time a person could or should have known that malpractice was committed;
  • Minors – within 2 years of the person’s 18th birthday (except for injuries which occurred at birth, see below);
  • Minors (for injury at birth, only if born before July 2004) – within 2 years of the person’s 18th birthday;
  • Minors (for injury at birth, only if born after July 2004) – by the person’s 13th birthday. (N.J. Stat. § 2A:14-2(a), (b)).

Affidavit of Merit

In New Jersey, an Affidavit of Merit is a mandatory document in medical malpractice cases, including those involving misdiagnosis or delayed diagnosis. It must be submitted within 60 days after the defendant files an answer to the complaint. The affidavit must be signed by a qualified medical expert who practices in the same or a substantially similar field as the defendant. This expert must review the facts of the case and attest that there exists a reasonable probability that the healthcare provider’s actions deviated from accepted standards of medical care and directly caused harm to the patient. The purpose of the affidavit is to filter out baseless claims and ensure that only valid medical negligence cases proceed in court. Failure to file a timely and properly executed Affidavit of Merit can result in the dismissal of the case.

Damages

  • Compensatory damages
  • Punitive damages

Wrongful Death Cases as a result of Delayed or Misdiagnosis

In New Jersey, wrongful death law allows the surviving family members or estate of a deceased person to seek compensation when their loved one’s death was caused by another party’s negligence or wrongful act—including cases involving medical malpractice, such as misdiagnosis or delayed diagnosis. Under the New Jersey Wrongful Death Act, the lawsuit must be filed by the personal representative of the deceased’s estate, typically on behalf of dependents such as a spouse, children, or parents. Recoverable damages can include loss of financial support, funeral and burial expenses, loss of companionship and guidance, and the economic value of household services the deceased would have provided. Notably, New Jersey does not allow recovery for emotional pain and suffering in wrongful death cases, although a separate survivorship claim may be filed to seek damages for the conscious pain and suffering experienced by the deceased before death. The statute of limitations for filing a wrongful death lawsuit in New Jersey is generally two years from the date of death.

Case Example (NJ)

A mother took her child to the pediatrician several times for high fevers and neck stiffness. The condition was dismissed as a viral illness. When meningitis was finally diagnosed, the child suffered permanent brain damage.

Proving Causation and Harm

In both states, the key challenge is proving the diagnostic error made a meaningful difference in outcome. We gather:

  • Detailed medical records
  • Test results and imaging
  • Expert analysis to create a timeline
  • Statements from treating providers

We show that an earlier or correct diagnosis would have changed the treatment plan or prognosis.

Damages You May Recover

Both Pennsylvania and New Jersey allow victims to seek compensation for:

  • Past and future medical expenses
  • Lost wages or earning capacity
  • Pain and suffering
  • Disability or disfigurement
  • Loss of enjoyment of life
  • Emotional distress
  • In wrongful death cases: Funeral costs and loss of companionship

The Role of Ostroff Godshall in Your Case

We guide clients through every step:

  • Free consultations and case evaluations
  • Investigating providers and institutions
  • Gathering and reviewing medical evidence
  • Consulting medical experts
  • Filing necessary affidavits/certificates
  • Aggressively negotiating or litigating your claim

We handle the legal, medical, and procedural complexity so our clients can focus on healing.

Why Choose Ostroff Godshall?

  • Millions recovered for clients in medical malpractice cases across Pennsylvania and New Jersey.
  • Proven results, including a $7 million verdict for a misdiagnosed medical condition in Clarion County
  • We take on tough cases that other firms turn away
  • No fee unless we win—you don’t pay us unless we recover money for you

At Ostroff Godshall Injury and Accident Lawyers, we fight for justice on behalf of those harmed by diagnostic errors in Pennsylvania and New Jersey. Misdiagnosis and delayed diagnosis are serious, life-altering mistakes. You deserve accountability and compensation for what you’ve endured.

Let our team help you understand your rights and options. We don’t charge fees unless we recover money for you.

Talk to a Pennsylvania and New Jersey Missed Diagnosis Attorney Today

If your doctor failed to diagnose a serious illness or condition, don’t wait to get legal help. Contact Ostroff Godshall Injury and Accident Lawyers for a free consultation. We’ll review your case, answer your questions, and explain your options—at no cost to you.