What Is Medical Malpractice in Connecticut?
The elements of medical malpractice a delayed diagnosis claim has to meet the the criteria set out under Connecticut law:
- Duty: The healthcare provider was obligated to uphold a professional standard of care.
- Breach: The provider’s actions breached that standard of care.
- Causation: The provider’s failure to uphold the standard of care caused the patient to suffer injuries.
- Damages: There were measurable damages.
As a patient, your doctor owed you a duty to provide quality, responsible medical care. Showing that a reasonable medical professional would have diagnosed your condition sooner can help prove negligence.
When Is A Delayed Diagnosis Considered Malpractice?
Situations where a delayed diagnosis could be considered malpractice include:
- Failing to act with reasonable urgency: For one reason or another, the doctor unnecessarily delayed a diagnosis by failing to act with reasonable urgency, harming the patient’s possible treatment outcomes.
- Failing to order appropriate tests: The doctor did not order tests that would have confirmed a diagnosis, despite having enough information to investigate further.
- Overlooking important information: Whether there was something in the patient’s history or test results, the doctor overlooked a vital piece of information that would have led to a quicker diagnosis
Which Medical Conditions Are Most Often Delayed or Missed?
Some conditions lead to delayed diagnosis claims more often than others. These conditions often have symptoms that overlap with more common, less serious medical problems. Oftentimes, these conditions also have significantly worse treatment outcomes if not detected early. These sorts of conditions include:
- Cancers
- Heart attacks and cardiovascular diseases
- Strokes
- Intracranial bleeds
- Infections, such as sepsis or meningitis
- Appendicitis
- Nerve injuries
- Autoimmune diseases, such as lupus and rheumatoid arthritis
What Should I Do After a Delayed Diagnosis in Connecticut?
If you believe you’ve been harmed because of a delayed diagnosis, you should act quickly to
start building a legal case against your healthcare provider. Consider taking the following steps:
- Document everything: Take thorough notes of your experiences, including important dates and what you remember from conversations with your doctor.
- Gather evidence: Request any relevant medical records and preserve them. Get contact information for any witnesses.
- Seek a second opinion: Get evaluated by an independent medical professional to create a new record of your condition and assess your previous doctor’s actions or inactions.
- Speak to an attorney: Schedule a free consultation with an experienced medical malpractice lawyer to explore your legal options.
- Obtain a certificate of merit: To file a malpractice lawsuit in Connecticut for a missed diagnosis, you’ll need a sworn affidavit stating that you’ve reviewed the evidence in your case with a qualified, relevant medical expert.
Filing Your Certificate of Merit
In any medical malpractice case, you must also file a certificate of merit. This is a written opinion by a medical expert who practices in the same field as the doctor who caused you harm. This expert’s opinion is filed with your case to support the validity of your claims.
If you need more time to meet the certificate of merit requirements, you can ask the court, and it will automatically grant a 90-day extension for filing this affidavit.
What Is the Statute of Limitations for Medical Malpractice and Delayed Diagnosis Claims?
Connecticut has a two-year statute of limitations for medical malpractice claims.The sooner you start working with a Connecticut medical malpractice lawyer, the better your chances of preserving the necessary evidence and meeting all of the applicable deadlines.
Get Help for Your Delayed Diagnosis From a Connecticut Medical Malpractice Attorney
Our lawyers at Kennedy Johnson have been helping those who have been harmed by medical malpractice for over 35 years. We can help you evaluate your potential delayed-diagnosis claims and determine whether a doctor’s actions legally constitute malpractice. The KJSR team has built a proven track record of success, securing multi-million dollar recoveries and keeping our clients satisfied through attentive, personalized service.
If you need assistance with your delayed diagnosis case, call our Connecticut medical malpractice lawyers today at 203-865-8430 or fill out our online contact form to schedule a free, no-obligation consultation.