Medical Misdiagnosis & Failure To Diagnose Lawsuits in Connecticut
If you or a loved one suffered harm from a health care provider’s improper diagnosis, you may be eligible to file a medical malpractice claim. Our Connecticut misdiagnosis lawyers can help you seek the compensation you deserve for your medical expenses, lost wages, pain, suffering, and more. Contact us online or call 203-865-8430 to explore your legal options with a free consultation.
Table of Contents
- Kennedy, Johnson, Schwab & Roberge, P.C.: Your Trusted Medical Misdiagnosis Lawyer in Connecticut
- What Is a Misdiagnosis?
- Misdiagnosis Cases May Be Considered Medical Malpractice in Connecticut
- A Misdiagnosis Can Affect Your Quality of Life
- What To Expect During a Failure To Diagnose Lawsuit
- Recoverable Damages for a Misdiagnosis Case
- Contact Our Connecticut Medical Malpractice Lawyers Today
- FAQs
Key Takeaways
- Medical misdiagnosis of conditions such as cancer, heart disease, and autoimmune disease can affect your quality of life and potentially lead to death.
- A misdiagnosis is considered medical malpractice if it results from a health care provider’s failure to meet the prevailing professional standard of care and harms the patient.
- Our misdiagnosis attorneys can help you seek compensation for your physical, emotional, and financial damages after a diagnostic error.
Kennedy, Johnson, Schwab & Roberge, P.C.: Your Trusted Medical Misdiagnosis Lawyer in Connecticut
When you seek care from a medical professional, you trust them to meet professional standards, act diligently, and avoid harmful errors. A medical professional’s misdiagnosis can deprive you of the care you need or subject you to unnecessary treatment.
When you choose us to handle your case, you can count on us to put your interests first in everything we do. Kennedy, Johnson, Schwab & Roberge, P.C., has fought for injured people and their families throughout Connecticut since 1988. We’re ready to take the time to get to know you, truly understand how your misdiagnosis has impacted you, and use that personal connection to advocate for the results you deserve.
Thanks to our strong reputation, many of our cases come from referrals by other attorneys who know we’re better equipped to help. Our testimonials also speak volumes about our dedication to obtaining the best possible results for our clients.
Our attorneys have recovered numerous six-, seven-, and eight-figure awards for people who suffered harm due to a medical professional’s error. These are just a few of our medical malpractice case results:
- $17 million for a hospital malpractice case resulting in a stillborn child
- $12.5 million for a wrongful death case against Stamford Hospital
- $7.3 million for the death of a 69-year-old man with mesenteric ischemia
- $5 million for a brain injury caused by a neurosurgeon’s surgical error
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?
A misdiagnosis occurs when a health care professional fails to accurately identify a patient’s medical condition. It may involve the failure to diagnose a condition, an inaccurate diagnosis, or a delayed diagnosis. This type of error kills or permanently disables approximately 795,000 Americans each year.
Diagnostic errors happen daily and cause roughly 10 percent of adverse events in hospital settings. Many medical errors can lead to a misdiagnosis, including the following:
- Misreading test results and medical images
- Failing to receive timely medical reports and results
- Overlooking critical information in patient reports
- Failing to listen to or document patients’ concerns and histories
- Malfunctioning equipment
- Rushing through assessments
- Failing to follow up on abnormal findings
- Lacking awareness of rare conditions
- Failing to refer patients to specialists appropriately
- Failing to order appropriate diagnostic tests
Misdiagnosis Cases May Be Considered Medical Malpractice in Connecticut
Some degree of error is inherent in the medical field. Some conditions are more difficult to diagnose. Therefore, a misdiagnosis could result without any negligence by the provider. However, many misdiagnoses are avoidable.
A misdiagnosis constitutes medical malpractice when it results from a health care provider’s failure to provide the prevailing professional standard of care. It must also result in harm to the patient—if you were misdiagnosed but suffered no harm, you likely do not have a medical malpractice case.
Medical malpractice is a type of personal injury case involving negligence or wrongdoing by a health care professional. You may have the right to sue a doctor for misdiagnosis if you meet the criteria for medical malpractice, but it’s important to act quickly. Connecticut has a two-year statute of limitations for filing a medical malpractice claim.
Understanding the Categories of Misdiagnosis-Related Malpractice Claims
There are three categories of malpractice claims related to diagnostic errors:
- Misdiagnosis: Involves a doctor diagnosing a patient with a condition they do not have, instead of the correct condition
- Missed Diagnosis: Occurs when a doctor fails to diagnose any condition when the patient shows symptoms
- Delayed Diagnosis: Involves a doctor correctly diagnosing a patient after an unnecessary delay that causes harm to the patient
A Misdiagnosis Can Affect Your Quality of Life
Different types of diagnostic errors have differing emotional, physical, and financial repercussions, but all can greatly affect a patient’s life.
If you’re diagnosed with the wrong condition, you may spend time and money on unnecessary treatments that expose you to additional harm or side effects. These treatments may also be ineffective for your actual condition, which allows it to worsen and may lead to irreversible damage.
If your doctor misses a diagnosis completely, you may continue suffering from a condition when a proper diagnosis could have relieved the symptoms. It may even cost you your life.
A delayed diagnosis gives you a better chance of recovery. However, by the time you receive a diagnosis, your condition may be more difficult to treat than it would have been if you had been diagnosed earlier.
Many different types of illnesses are vulnerable to medical misdiagnosis, including the following:
- Cancer
- Heart attack
- Stroke
- Heart disease
- Hemorrhage
- Nerve injury
- Autoimmune diseases, such as lupus and rheumatoid arthritis
- Sepsis
- Appendicitis
- Traumatic brain injury
What To Expect During a Failure To Diagnose Lawsuit
Health care providers carry medical malpractice insurance to cover the damages resulting from diagnostic errors. However, getting fair compensation from the insurance companies can be challenging. Profit is their priority, and paying you what you deserve often conflicts with that goal.
You don’t have to face the insurers alone. We can level the playing field with the insurance company and seek maximum compensation for you. While you focus on your health, our misdiagnosis lawyers will handle every step of the legal process, including the following:
- Investigating the malpractice to determine how it happened and who’s at fault
- Gathering evidence of the health care provider’s negligence and your damages
- Calculating your damages to determine your case’s full value
- Negotiating a settlement with insurance adjusters
- Taking your case to trial if negotiations are unsuccessful
Recoverable Damages for a Misdiagnosis Case
You may recover compensation for any damages you suffer due to a misdiagnosis. You can seek recovery of your economic damages, which cover financial losses with an obvious monetary value. You can also pursue non-economic damages, compensating for the misdiagnosis’s less quantifiable impacts on your quality of life.
The exact types of damages you can recover will depend on your specific circumstances, but common examples include:
- Past and future medical expenses for treatment necessary to correct the misdiagnosis or manage resulting complications
- Lost wages due to missed work for medical appointments, treatments, or recovery
- Lost earning capacity, if the misdiagnosis caused permanent disabilities that affect the type or amount of work you can do
- Pain and suffering, including any short-term or chronic physical pain you experience as a result of the misdiagnosis
- Emotional distress from the psychological impacts of being misdiagnosed
Contact Our Connecticut Medical Malpractice Lawyers Today
You deserve fair compensation and a sense of justice for the physical, emotional, and financial harm you’ve suffered after a misdiagnosis. If you suspect you or a loved one is a victim of medical malpractice, Kennedy Johnson can help.
It costs nothing to speak to our Connecticut misdiagnosis lawyers about your options, and we’re ready to start building a strong case for you today. Fill out our online contact form or call 203-865-8430 to start moving forward with a free consultation.
FAQs
The following are answers to some common questions from families affected by diagnostic errors.
Who’s Liable for My Misdiagnosis?
The doctor who misdiagnosed you may be liable for your misdiagnosis. Any other medical professionals or facilities that played a role in your misdiagnosis may also be liable, including nurses, lab technicians, or hospitals.
What Are Examples of Misdiagnosis?
Examples of misdiagnosis include the following:
- Mistaking a heart attack for indigestion
- Incorrectly identifying a lump as benign instead of cancerous
- Dismissing symptoms of a serious illness as anxiety without proper testing
- Misinterpreting a test result and prescribing incorrect treatment
If you’re unsure if you have been misdiagnosed, we encourage you to contact our law firm to discuss your case.
Is There a Statute of Limitations for Filing a Misdiagnosis Case in Court?
Connecticut has a two-year statute of limitations for medical malpractice cases, including those involving misdiagnoses. The time usually starts to run on the date you realized or should have realized that the misdiagnosis occurred.
How Much Does a Medical Malpractice Attorney Cost?
It costs nothing upfront to work with our medical misdiagnosis lawyers, and there are no out-of-pocket costs for you. We handle all cases on a contingency fee basis, meaning we don’t get paid unless you receive a settlement or judgment. Our fee is a pre-agreed percentage of your compensation.
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West Hartford, CT 06107
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