What Constitutes Medical Malpractice?
Medical malpractice is the legal term for what happens when a doctor deviates from the accepted standard of care, causing avoidable harm to the patient. Three elements must be established to prove malpractice:
- The medical professional owed a duty of care to the patient.
- The medical professional breached that duty by not meeting the accepted standard of care.
- The breach caused damage or injury to the patient.
For example, a misdiagnosis may qualify as malpractice if the diagnosing physician ignored or overlooked diagnostic procedures. The common thread is that there must be a deviation from the care standard for that scenario and provider type.
There are countless examples of malpractice, all with the potential to affect your health and quality of life. Those impacts are the basis for most wrongful death lawsuits.
The Impact a Misdiagnosis or Medical Malpractice Can Have on Your Life
When medical malpractice happens, the consequences go far beyond delayed treatment. The lack of appropriate attention can exacerbate the original medical condition, requiring additional interventions and potentially worsening the patient’s prognosis. If misdiagnosis is involved, treatments provided for the wrong condition can cause problems of their own.
The effects of medical malpractice are physical, emotional, social, financial, and logistical, often burdening the patient for years to come. Some consequences are permanent, changing the patient’s and their family’s lives forever.
The Physical Impacts of Medical Malpractice
Malpractice often worsens a patient’s health, causing issues they may not have encountered with the correct treatment. These challenges may include:
- Chronic pain
- Disfigurement
- Loss of mobility
- Long-term disability
For some, misdiagnosis and malpractice prompt long-term consequences. Patients who might otherwise have recovered may live with permanent impairment or disability. They sacrifice their independence and must adopt significant lifestyle changes, in addition to suffering the physical, emotional, and financial fallout of the malpractice event.
In the worst cases, medical malpractice can cause a wrongful death.
The Mental Health and Emotional Side Effects of Medical Malpractice
The physical effects of medical malpractice can cause significant psychological and social distress. Many patients experience:
- Strain on relationships with family and friends
- Forced isolation due to medical limitations
- Decreased enjoyment of life
Malpractice also occurs in cases of mental illness. The consequences can be just as severe and life-limiting as any other malpractice issue because improperly treated mental health conditions can destroy a patient’s quality of life.
These effects can extend beyond the patient themselves, especially in cases where a family member dies from medical malpractice. Patient advocacy groups can offer support and resources.
The Financial Cause and Fallout of Medical Malpractice
Malpractice often leaves patients with years of unplanned medical bills, corrective treatments, and costly long-term care. Even in the best-case scenario, patients can lose more days and weeks to recovery than they would have if they had been properly diagnosed. This missed time from work costs them additional income when financial stress is already high.
A medical malpractice lawsuit can help patients and their families recover these costs and hold practitioners accountable.
The Most Common Types of Medical Malpractice Lawsuits
Any condition can involve a misdiagnosis or other form of malpractice. However, because lawsuits often center on financial loss, more serious conditions are more likely to prompt a malpractice action. Common conditions that are often the subject of medical malpractice suits include the following:
You need not have suffered one of these conditions to have a medical malpractice case. Any deviation from the standard of care can be grounds for a lawsuit, provided it caused harm and compensable damages. Speak with a medical malpractice attorney today to learn more about your potential eligibility.
What Type of Compensation Is Available in a Medical Malpractice Lawsuit?
In a medical malpractice lawsuit, you may pursue economic and non-economic damages. Economic damages cover the out-of-pocket costs of what happened, including additional medical expenses resulting from the error, such as:
- Treatment for a worsened condition
- Hospitalizations and surgeries
- Physical or occupational therapy
- Mental health care
- Disability accommodations, such as home accessibility ramps
- Necessary in-home or residential care
- Other out-of-pocket costs, such as transportation to appointments
Plaintiffs can also recover non-economic damages, which address the less tangible losses associated with malpractice. These damages may include:
- Pain and suffering
- Emotional distress
- Reduced quality of life
Putting a price on your suffering can be challenging, but our attorneys are here to help. We have proven methods to measure non-economic losses. Our attorneys have recovered millions of dollars for medical malpractice victims, and we are committed to fighting for you.
The Importance of Timely Legal Action
While a malpractice settlement or judgment cannot erase the physical and emotional effects, a skilled attorney can help you pursue compensation to ease the financial strain. With less economic stress, you’ll be able to better focus on your health.
If you are a medical malpractice victim, it’s essential to consult with an attorney as soon as possible. Connecticut gives you two years from the incident to file an injury claim.
Certain exceptions exist. For example, delayed discovery of the injury can lengthen the time to file a claim. But generally, deadlines are firm, and missing your cutoff may mean missing your right to sue. You benefit from learning as much as possible about the statute of limitations for filing a medical malpractice lawsuit.
$5M
Brain injury caused by surgical error of neurosurgeon.
Medical Malpractice
$6M
Failure to Monitor Postoperative Vital Signs Resulting in Death
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$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
Know Your Legal Rights: KJSR Is Here To Help
If you’ve been harmed by medical malpractice, the attorneys at Kennedy Johnson can answer your questions about compensation. Clients choose us for our experience, track record of success, and empathetic approach to client service.
We understand the stress and anxiety you’re experiencing, and we are committed to providing compassionate guidance every step of the way. As one client noted:
“They made a harrowing experience easier for me, because they knew how anxious and fearful I was having to deal with the whole process. They always kept me well-informed [about] every move they made and every move made by the opposing party. Never once did I feel neglected or left in the dark.” – Claire U.
Protect your legal rights—call 203-865-8430 or contact us online for a free consultation.