Table of Contents
- Can You Sue a Doctor for Misdiagnosis in Connecticut?
- What Are Some Common Types of Misdiagnosed Conditions?
- What Should I Know About Misdiagnosis Medical Malpractice Cases in Connecticut?
- What Type of Compensation Is Available in a Misdiagnosis Claim?
- Why Is Having a Misdiagnosis Attorney in Connecticut Crucial?
- If You’ve Been Wrongly Diagnosed, KJSR Is Here To Help
Can You Sue a Doctor for Misdiagnosis in Connecticut?
You can sue a doctor for a misdiagnosis when an error reaches the level of medical malpractice. Not every mistake constitutes a misdiagnosis. The Connecticut Supreme Court has laid out a three-factor medical malpractice test as follows:
- The medical provider owed a duty to provide the requisite standard of care that other reasonable professionals would under the circumstances.
- The defendant deviated from that standard of care.
- The failure to provide reasonable care caused injuries or death.
A patient harmed by a medical misdiagnosis may be entitled to file a personal injury lawsuit and pursue compensation for their losses. Families who lose loved ones because of misdiagnoses might be entitled to bring wrongful death claims.
If you or your loved one has been harmed by a misdiagnosis resulting from a deviation from the appropriate standard of care, speak with an experienced medical misdiagnosis lawyer at KJSR as soon as possible for guidance.
What Are Some Common Types of Misdiagnosed Conditions?
Misdiagnoses result from errors like miscommunication, failure to order the correct tests, or misinterpretation of test results. These cases fall into three categories:
- Wrong diagnosis: the medical provider mistakes a condition for another, such as diagnosing heartburn when a patient suffers a heart attack.
- Missed diagnosis: The health care provider fails to identify a condition, such as missing the signs of internal bleeding.
- Delayed diagnosis: A medical provider fails to diagnose a condition in a timely manner despite sufficient information. This often happens with conditions that lead to birth injuries.
A medical professional could misdiagnose any condition. The most commonly misdiagnosed conditions include the following:
- Heart attacks
- Heart disease
- Cancer
- Brain injuries
- Intracranial bleeds
- Birth injuries
- Hospital errors
- Infections
- Strokes
- Nerve injuries
What Should I Know About Misdiagnosis Medical Malpractice Cases in Connecticut?
Medical errors can have life-altering consequences, but not all mistakes meet the legal definition of medical malpractice. To best determine if you have a case, contact an accomplished medical malpractice attorney who can give you a clear, detailed assessment of your potential claim.
Under Connecticut malpractice law, you must follow strict procedural steps in a misdiagnosis lawsuit. For example, you must submit a written opinion from a medical professional supporting your malpractice claim. You also must attend mandatory mediation before going to trial.
These procedural requirements are challenging. Thus, representation by a skilled and experienced Connecticut medical malpractice lawyer gives you the best shot at success.
How Long Do You Have To Sue for Misdiagnosis in Connecticut?
The statute of limitations sets the deadline for filing a lawsuit. You’ll likely lose your right to pursue damages if you miss the deadline. In Connecticut, you generally have two years from your injury date or when you should have reasonably discovered your injury to file a medical malpractice claim. However, you have no more than three years from the injury to file your claim, regardless of when you discover harm.
Speak to an experienced attorney as soon as possible. It’s important to act quickly to protect your rights and preserve your access to key evidence.
What Type of Compensation Is Available in a Misdiagnosis Claim?
In a medical misdiagnosis lawsuit, you can seek economic and non-economic damages. Economic damages cover your financial losses, including past and future medical bills, lost wages, and rehabilitation costs.
Non-economic damages compensate for the intangible impacts on your life. These damages are more difficult to calculate, such as pain and suffering, loss of consortium, and loss of enjoyment of life.
If your loved one has died from a misdiagnosis, you may be eligible to file a wrongful death claim to recover compensation.
At Kennedy Johnson, we’ve recovered millions of dollars for Connecticut medical malpractice victims through our meticulous case preparation, our experience in complex claims, and our ability to effectively tell our clients’ stories.
$5M
Brain injury caused by surgical error of neurosurgeon.
Medical Malpractice
$6M
Failure to Monitor Postoperative Vital Signs Resulting in Death
Medical Malpractice
$7.25M
Psychiatric Malpractice in Hospital Resulting in Serious Injuries
Medical Malpractice
$7.3M
Death of a 69-Year-Old Man with Mesenteric Ischemia
Medical Malpractice
$12.5M
Wrongful death/medical malpractice case against Stamford Hospital.
Medical Malpractice
$17M
Hospital Malpractice Case Resulting in Stillborn Child
Medical Malpractice
Why Is Having a Misdiagnosis Attorney in Connecticut Crucial?
You need the right lawyers to evaluate your evidence and determine if you have a malpractice claim. Our experienced misdiagnosis lawyers can assist you in several areas by:
- Providing a clear case assessment: Our respected attorneys will give you an honest, unbiased view of your claim without pushing you to sue if the facts don’t warrant a lawsuit.
- Helping you gather evidence: We have the resources and local network to find a respected medical professional who can certify that your claim is in good faith. We will also collect your medical records, documentation of your damages, and other evidence crucial to your claim.
- Handling negotiations: You need an attorney with significant experience and success in settlement negotiations to counter claims that your doctor met the standard of care or that your injuries aren’t serious.
- Filing your case on time: We will file your lawsuit before the statute of limitations expires and meet any other legal deadlines for your case.
- Taking your claim to court, if necessary: If the opposition does not make a fair settlement offer, our trial-tested attorneys will take your misdiagnosis case to court and fight for the damages you deserve.
If You've Been Wrongly Diagnosed, KJSR Is Here To Help
If a misdiagnosis has harmed you or a loved one, KJSR can help. Since 1988, clients have chosen us for compassionate legal representation that emphasizes integrity, professionalism, and a commitment to justice.
We have built a strong reputation across the state as aggressive and knowledgeable advocates for malpractice victims. We offer personalized representation and will treat you with compassion and respect as we fight tirelessly on your behalf.
Our respected lawyers can answer your questions and assist you in moving forward with a compensation claim. We have medical malpractice lawyers in locations including the following:
Call 203-865-8430 or complete our online form to schedule your free consultation.