New Haven Misdiagnosis Lawyer
When you see a doctor or receive emergency treatment, the last thing you need is a misdiagnosis that fails to address your health problems or worsens your condition. At Kennedy, Johnson, Schwab & Roberge, P.C., we understand the physical, financial, and emotional harm accompanying medical misdiagnoses and other types of medical malpractice.
Since 1988, we have successfully navigated legal complexities and fought for fair outcomes for our clients. Call our New Haven misdiagnosis lawyers at 203-865-8430 or submit our contact form so we can evaluate your case and assist you in pursuing damages against negligent parties you trusted with your or your loved one’s health.
Table of Contents
- Kennedy Johnson, Your Trusted Legal Representation for Misdiagnosis Cases in New Haven, CT
- What Is a Misdiagnosis?
- Misdiagnosis Cases Are Considered Medical Malpractice in New Haven, CT
- A Misdiagnosis Can Affect Your Quality of Life
- Recoverable Damages for a Misdiagnosis Case
- Contact Our New Haven Medical Malpractice Lawyers Today
- FAQS
Key Takeaways
- Misdiagnosis is a form of medical malpractice when it results from negligence.
- Health care professionals must provide the same level of care that another similarly situated professional would under the circumstances.
- Commonly misdiagnosed conditions include cancer, heart problems, infections, and other illnesses and diseases.
- In a misdiagnosis claim, you can pursue economic and non-economic damages for your short- and long-term harm.
Kennedy Johnson, Your Trusted Legal Representation for Misdiagnosis Cases in New Haven, CT
Our firm has been helping clients seek justice and compensation for over 35 years. Our significant experience in medical malpractice cases is just one reason to choose us to handle your misdiagnosis case.
Our attorneys take time to get to know our clients because we know their stories are unique. We make sure we can tell them passionately and effectively. Our attorneys use a meticulous approach to case preparation, often securing settlements before court.
We have a strong reputation throughout Connecticut for securing significant financial results for our clients. Our notable medical malpractice recoveries include:
- $17 million for hospital malpractice resulting in a stillbirth
- $12.5 million for a wrongful death medical malpractice case against Stamford Hospital
- $6 million for wrongful death after a failure to monitor postoperative vital signs
- $5 million for failing to diagnose and treat a stroke
Each of our attorneys is dedicated to providing compassionate legal representation, emphasizing integrity, professionalism, and a commitment to justice. We are honored by the client testimonials we’ve received that praise our representation.
John Kennedy Jr.
Founding Partner
John J. Kennedy, Jr., is the founding partner of Kennedy, Johnson, Schwab & Roberge, P.C. In 1988, John formed Kennedy & Johnson, along with David Johnson. John is an accomplished trial attorney, spending most of his more than 42 years practicing in Connecticut, representing injured clients before juries.
What Is a Misdiagnosis?
An estimated 795,000 Americans are permanently disabled or die from dangerous disease misdiagnoses every year.
A medical misdiagnosis may involve failing to recognize a condition, a delay in recognizing one, or treating the wrong illness. For example, a doctor may miss a heart problem completely, not diagnose it until after they reasonably should have, or attribute it to heartburn.
Medical misdiagnoses occur every day for reasons such as the following:
- Misreading test results and images
- Failing to send timely medical reports and results
- Missing critical information in patient reports
- Confusing patients’ symptoms and determining the wrong medical condition
- Failing to listen to and account for patients’ concerns
Misdiagnosis Cases Are Considered Medical Malpractice in New Haven, CT
People are sometimes injured or their loved one dies from a missed medical condition, leading them to wonder if they can sue a doctor for misdiagnosis. Connecticut law allows you to sue for misdiagnosis when it amounts to medical malpractice.
However, not all unexpected health care outcomes constitute malpractice. The Connecticut Supreme Court has affirmed that for a plaintiff to prevail in a medical malpractice case, they must prove three things, including:
- The reasonable standard of care for their specific circumstances
- That the defendant deviated from that standard
- That the deviation caused the injury or death
Before you proceed with a misdiagnosis lawsuit, Connecticut law requires that a medical professional affirm that you are filing it in good faith. The state also requires mediation before trial. Partner with a New Haven medical malpractice attorney with the local connections and resources to secure expert testimony and who has experience in mediation with insurers.
Understanding the Categories of Misdiagnosis-Related Malpractice Claims
Diagnostic errors can be classified under three categories of malpractice claims:
- Misdiagnosis: Instead of correctly diagnosing a patient, a doctor diagnoses a patient with a condition they do not have.
- Missed Diagnosis: A patient shows symptoms that should prompt a diagnosis, but a doctor fails to diagnose the condition.
- Delayed Diagnosis: A doctor correctly diagnoses a patient, but only after an unnecessary delay that harms the patient.
A Misdiagnosis Can Affect Your Quality of Life
A misdiagnosed or untreated medical condition can worsen your health or threaten your life. Patients who receive negligent care may face significant pain, surgery, and more serious health issues. They may also have unnecessary, painful treatments for conditions they don’t have. There are many different types of misdiagnosed illnesses and diseases, including:
- Cancer
- Heart attacks
- Heart disease
- Hemorrhaging
- Nerve injuries
- Strokes
- Pulmonary embolisms
- Brain injuries
- Blood infections
Recoverable Damages for a Misdiagnosis Case
In a medical misdiagnosis case, you can seek economic and non-economic damages. Economic damages address your current and future financial losses. Non-economic damages compensate you for more intangible harm, such as effects on your emotional well-being. Damages you can seek in a misdiagnosis claim include:
- Past and future medical expenses
- Lost wages and future earnings
- Rehabilitation costs
- Home nursing and other home care
- Pain and suffering
- Emotional distress
- Funeral and burial expenses, loss of future support, and other damages in a wrongful death medical misdiagnosis claim.
You don’t have to take on negligent health care providers alone. The misdiagnosis attorneys at our respected law firm will assist you in gathering evidence, talking with insurance companies, and finding out who is at fault for the malpractice that led to your damages.
Contact Our New Haven Medical Malpractice Lawyers Today
If a doctor or hospital didn’t provide reasonable care, you have a right to pursue damages based on negligence. In a misdiagnosis claim, you may face a team of insurance representatives and attorneys who fight you at every step. You don’t have to take them on alone.
Our experienced New Haven misdiagnosis lawyers understand complex Connecticut medical negligence laws and are fiercely devoted to our clients. Our team will support you at every turn, personalizing your representation and dealing with insurance companies so you don’t have to.
Call Kennedy, Johnson, Schwab & Roberge, P.C. at 203-865-8430 or complete our contact form for a free consultation. We take our personal injury cases on a contingency basis, so there is no upfront cost, and you only pay us if we win.
FAQS
In addition to wondering if you can sue a doctor for misdiagnosis, you may have other questions about these complex cases. Our New Haven medical malpractice lawyers are always ready to address your questions and concerns.
Who's Liable for My Misdiagnosis?
A medical professional who fails to provide a reasonable standard of care may be liable for your misdiagnosis. A hospital or other medical facility may also be liable if it was negligent in doing proper background checks on staff, failed to train, ignored past mistakes, or did not maintain equipment necessary to make correct diagnoses.
Am I a Victim of a New Haven Misdiagnosis?
If a medical professional failed to properly diagnose a condition that a reasonable medical professional would have under the same circumstances, and you suffered harm, you may have a case for medical malpractice. It is challenging to determine where the line is between mistake and misdiagnosis. If you are unsure, contact our New Haven misdiagnosis lawyers for assistance.
Is There a Statute of Limitations for Filing a Misdiagnosis Case in Court?
In Connecticut, the malpractice statute of limitations is generally two years from the injury date or the date when, through reasonable care, you discovered or should have discovered your injury. However, even if you didn’t realize your harm, you cannot bring your misdiagnosis claim more than three years after the date of the act or omission that led to your harm.
How Much Does a Medical Malpractice Attorney Cost?
We offer free case evaluations and handle all misdiagnosis cases on a contingency fee basis. We do not get paid unless and until you receive a settlement or a jury award.
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15 N. Main Street #100 Suite 217
West Hartford, CT 06107
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