Stamford Misdiagnosis Attorney

When you visit your doctor with a medical concern, you rely on them to help and heal you. Doing so often requires them to conduct medical tests to properly diagnose your illness or condition. Unfortunately, healthcare providers are humans that make mistakes, and sometimes these errors result in a misdiagnosis.

A misdiagnosis can lead to serious, life-threatening injuries that could affect you for the rest of your life. The Stamford misdiagnosis law firm of Kennedy, Johnson, Schwab, & Roberge understands the severity of this situation, and we’re ready to help fight for your right to fair compensation.

You don’t have to deal with the challenges of a misdiagnosis alone. Contact our firm as soon as possible to schedule your consultation with one of our Stamford misdiagnosis lawyers.

What Is a Misdiagnosis?

A proper medical diagnosis can provide many crucial answers regarding your health and allow your doctor to create a treatment plan to get you on the road to recovery.

But while you trust your physician to provide an accurate diagnosis, this doesn’t always happen.

When you receive a misdiagnosis, your healthcare provider has given you the wrong diagnosis or perhaps missed or delayed a proper diagnosis. This can result in a host of other, often preventable, health issues. 

Receiving a misdiagnosis usually means your medical condition goes untreated. You may end up getting treatment for an illness you don’t even have, which could, in turn, negatively affect your health and well-being.

Misdiagnoses happen every day for several reasons. Medical providers may provide a misdiagnosis because they’ve:

• Misread diagnostic test results and images
• Failed to receive timely medical reports and results
• Failed to speak to their patients about their conditions promptly enough
• Missed a critical piece of information in patient reports
• Confused a patient’s symptoms for the wrong medical condition
• Neglected to listen to the patient’s concerns

Healthcare providers owe their patients a high level of care. When they fail to give them the attention they deserve, it opens the door to mistakes like misdiagnoses. One wrong or missed diagnosis can change a patient’s life forever.

Misdiagnosis Cases Are Considered Medical Malpractice

Diagnosing patients is the responsibility of licensed healthcare providers. As such, it’s considered medical malpractice when a treating physician fails to provide the right diagnosis.

Medical malpractice is an area of law that falls under the domain of personal injury. Malpractice occurs when a healthcare professional’s negligence causes a patient harm. Fortunately, victims who suffer injuries at the hands of others are afforded the opportunity to seek justice and fair compensation. 

If a misdiagnosis results in a serious medical condition or worsening health, you may have a viable claim for medical malpractice. A Stamford lawyer for misdiagnosis can provide proper guidance. 

A Misdiagnosis Can Affect Your Quality of Life

One wrong or missed diagnosis can have severe consequences for your life and future. This is especially true when a serious medical condition goes untreated for some time, allowing it to worsen and threaten your life.

Almost any medical illness can be misdiagnosed. However, some of the common conditions include:

• Heart attacks
• Brain injuries
• Various cancers
• Strokes
• Lyme disease
• Pulmonary embolism
• Lupus
• Blood clots

Certain health conditions, like heart attacks and strokes, require immediate medical care. When patients fail to receive adequate treatment, their health — or their lives — may be in jeopardy.

Not only can a misdiagnosis lead to the worsening of the primary medical condition, but it can also result in subsequent complications. Some illnesses may develop into other serious conditions when left untreated.

In short, a misdiagnosis can put your very life at risk. If you believe you’ve received a misdiagnosis that’s resulted in injury and losses, don’t hesitate to discuss your case with a Stamford misdiagnosis attorney. 

Recoverable Damages for a Misdiagnosis Injury

When you’re injured by a misdiagnosis, you may have the opportunity to seek fair economic recovery. Damages serve to compensate you for the monetary and non-monetary losses associated with your misdiagnosis. 

Several factors will influence the value of your case, and the damages you may be entitled to receive will depend on the specifics of your situation. Examples of the damages you could potentially obtain include:

• Past and future medical expenses
• Rehabilitation costs
• Long-term care expenses
• Lost wages
• Diminished or lost earning potential
• Emotional distress
• Pain and suffering
• Loss of enjoyment of life

Calculating damages can be challenging, but it’s one of the most critical aspects of filing a personal injury suit. If you don’t understand the true value of your case, you likely won’t receive the compensation you deserve.

A Stamford attorney for misdiagnosis can determine how much your claim is worth and fight diligently for the most favorable recovery. 

Stamford Misdiagnosis Lawyer — Frequently Asked Questions

Who’s Liable for My Misdiagnosis?

Generally, the party responsible for your misdiagnosis would also be liable for your resulting injuries. Liability is a complex concept that depends on many variables, but liable parties could include:

• Treating physicians, including your primary care provider or emergency room doctor
• The party responsible for performing diagnostic testing
• The physician responsible for interpreting your medical tests

In some cases, entire medical facilities, such as hospitals, could be found liable in misdiagnosis cases.

Your Stamford lawyer for misdiagnosis can perform a thorough investigation into your case to determine the cause of your misdiagnosis. Figuring out the cause typically sheds light on who should be held accountable.

How Do Misdiagnosis Medical Malpractice Cases Work in Connecticut?

Different states have different requirements for medical malpractice cases. That’s because these cases aren’t taken lightly — they involve accusing medical professionals, who are held to very high standards of care and professionalism, of negligence.

Under Connecticut law, there’s a strict procedural step involved in filing medical malpractice cases. To successfully move forward with your case, you must complete certain steps.

Before a plaintiff can file a medical malpractice lawsuit, they must file a certificate with the court that provides two critical statements. 

First, the certificate must state that a “reasonable inquiry” has been made by the patient or their attorney to determine that there’s a “good faith” reason to believe the defendant was negligent in their treatment of the plaintiff.

Second, the certificate must show that this inquiry resulted in a reasonable belief that grounds exist to file a lawsuit against the negligent defendant.

Additionally, as part of the “reasonable inquiry,” the plaintiff or their attorney must acquire a written and signed opinion from a qualified medical expert that includes two critical elements: the expert’s opinion that the patient was harmed by medical malpractice and specific details supporting their opinion.

Without the inquiry and certificate, you can’t proceed with a medical malpractice suit for misdiagnosis. If you fail to file the certificate in court, you risk having your lawsuit dismissed altogether.

Stamford misdiagnosis attorneys have ample experience fulfilling these requirements. They can perform the inquiry, file the certificate, and obtain an expert opinion on your behalf.

What If My Loved One Dies After a Misdiagnosis?

In the most unfortunate cases, patients pass away after a misdiagnosis. If you’ve lost a loved one to medical malpractice, a Stamford misdiagnosis lawyer can provide legal advice and guidance on how to move forward with a claim. 

Instead of a personal injury lawsuit, you may have the opportunity to file a wrongful death claim to recover compensation for the loss of your loved one. 

How Much Time Do I Have to File My Misdiagnosis Case in Court?

As with most civil cases, you don’t have an unlimited amount of time to file your lawsuit in court. 

Connecticut law gives you up to three years to file your claim. The clock begins ticking on the date you discover (or reasonably should have discovered) the misdiagnosis.

If you need extra time to perform the necessary inquiry and submit your certificate to the court, the law allows an extra 90-day extension.

Failing to file your misdiagnosis claim on time can result in the forfeiture of your rights to compensation. It’s therefore wise to speak with a Stamford misdiagnosis lawyer as quickly as possible to avoid missing your chance.

A Stamford Attorney for Misdiagnosis Is Your Best Ally

While you may feel isolated when left to deal with your health and financial struggles, you’re never alone.

The Stamford misdiagnosis law firm of Kennedy, Johnson, Schwab, & Roberge is ready to help you. We’ll provide the compassionate representation you need while fighting aggressively for a beneficial resolution.