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Failure to Diagnose

Recover from Your Doctor Who Failed to Diagnose Your Medical Condition

New Jersey lawyers hold doctors to their duty of care

Early intervention often improves the prognosis of an illness and sometimes means the difference between life and death. Modern diagnostic testing methods and advanced medical knowledge increase your chances of detecting a serious illness so you can obtain the care you need. If your doctor’s failure to diagnose your medical condition deprived you of your opportunity to promptly get necessary treatments, you have the right to recover for the damages you suffered.

Established in 1950, Gelman Gelman Wiskow & McCarthy LLC focuses exclusively on personal injury and medical malpractice recovery. We act efficiently and purposefully to fast-track your case and obtain your maximum compensation quickly.

Hospital emergency room failure to recognize symptoms of acute medical conditions

Emergency room doctors, nurses and staff face critical, tense situations regularly and must react quickly and decisively to administer urgent care to seriously injured and sick patients. Hospitals have a duty to implement a system of establishing priorities to give care to the most urgent cases promptly. Medical professionals have a duty to maintain training to recognize signs of patients in acute distress resulting from such problems as cardiac arrest, stroke and shock. Because immediate treatment is crucial to reduce damage to organs affected by aggressive illnesses, delays in appropriate emergency room care can cause permanent damage or death.

Cancer misdiagnosis

Thanks to sophisticated diagnostic tools and innovative treatment options, cancer is no longer synonymous with a fatal illness. It is now common for many cancer survivors to live long and healthy lives and to remain cancer-free. However, early detection is essential. A missed symptom or misinterpreted test can allow cancer to progress into the terminal stage.

Controlling infectious and aggressive diseases through timely detection

A variety of viruses, bacteria, fungi, parasites and toxins can invade the human body. In many cases, the right early treatment can stop these pathogens from causing serious and fatal illnesses. Yet, often these common deadly infections are misdiagnosed:

  • Staphylococcus (staph) infection
  • Streptococcus pneumonia
  • Lyme disease
  • Staphylococcus aureus (MRSA)
  • Norovirus
  • Meningitis
  • Clostridium difficile
  • Toxic shock syndrome

If your medical condition was misdiagnosed, we can help

A misdiagnosis can lead to permanent pain or suffering. To recover damages from the doctors and hospital responsible for your misdiagnosis, call Gelman Gelman Wiskow & McCarthy LLC at 973 676-1555 or contact us online to schedule your one-hour free initial consultation. For your convenience, we have offices in East Orange Office, Elmwood Park Office, Pompton Plains, and Avon by the Sea, with Spanish-speaking translators available by request.

$800,000.00 settlement in less than nine (9) months!
In September of 2025, Phil Wiskow settled a legal malpractice case, resulting from a botched personal injury case, for $800,000.00. Most significantly, Mr. Wiskow settled the case less than nine (9) months after the client hired him. Since the client settled his botched case for over $200,000.00, the full amount of the client's recovery exceeded one million dollars.
Settled his 60 year old client’s motorcycle accident case for $1,700,000.00
In the Spring of 2017, Phil Wiskow settled his 60 year old client’s motorcycle accident case for $1,700,000.00. Frankly, the case would have settled for more money but the most culpable party only had a $300,000.00 liability insurance policy. The firm’s client, who was already disabled and receiving social security benefits at the time of his accident, sustained multiple lower leg fractures–which ultimately resulted in numerous surgeries and an above the knee amputation–when a delivery van blindly backed out of a loading dock and pinned his leg against his bike. The majority of the client’s settlement money was paid by the owner of a tractor-trailer and the lessee of the loading dock whose dangerous loading and unloading procedures blocked the van driver’s view of the motorcycle and the firm’s client’s view of the van.
VERDICTS & SETTLEMENTS
  • In the Spring of 2020, Phil Wiskow settled a motor vehicle/motorcycle accident case for the Defendant’s 1.3M policy limit. The terms of the settlement are confidential.
Our Offices
  • East Orange Office
    60 Evergreen Place
    Suite 502
    East Orange, New Jersey 07018
    Phone: 973 676-1555
    Fax: 973-675-5674
  • Elmwood Park Office
    One Broadway
    Suite 102
    Elmwood Park, New Jersey 07407
    Phone: 973 676-1555
    Fax: 973-675-5674
  • Pompton Plains
    142 Route 23 North
    Pompton Plain, New Jersey 07444
    Phone: 973 676-1555
    Fax: 973-675-5674
  • Avon by the Sea
    416 Garfield Avenue
    Avon by the Sea, New Jersey 07717
    Phone: 973-713-4667
    Fax: 973-713-1565