Norwalk Misdiagnosis Lawyer

A medical misdiagnosis can leave you feeling betrayed and dealing with serious health consequences. If a misdiagnosis caused by a health care professional’s negligence has harmed you, you might be eligible to file a medical malpractice lawsuit. A Norwalk misdiagnosis lawyer at Kennedy, Johnson, Schwab & Roberge, P.C., can pursue compensation and justice for you. Call us at 203-865-8430 or reach out online to discuss your case.

medical misdiagnosis failure to diagnose lawsuits in connecticut

Key Takeaways

  • A medical misdiagnosis occurs when a health care professional fails to accurately identify a medical condition, causing harm to the patient.
  • A misdiagnosis can lead to severe consequences, including long-term or permanent disability and death.
  • Misdiagnosis can constitute medical malpractice if it results from a medical provider’s deviation from the prevailing professional standard of care.
  • Connecticut has a two-year statute of limitations for malpractice actions, with a maximum extended deadline of three years and 90 days from the original error.
  • A medical malpractice attorney can help you prepare a strong case and represent you through negotiations and at trial, if necessary.

Kennedy, Johnson, Schwab & Roberge, P.C.: Your Trusted Legal Representation for Misdiagnosis Cases in Norwalk, CT

Our firm has proudly served the people of Connecticut since 1988. We have a strong track record of success and a reputation for significant financial recoveries in medical malpractice cases. Our multimillion-dollar verdicts and settlements include the following:

  • $17 million for a family coping with the loss of a stillborn child
  • $12.5 million in a wrongful death case against Stamford Hospital
  • $7.3 million in the death of a 69-year-old patient with mesenteric ischemia
  • $5 million for a brain injury resulting from a surgeon’s error

Our experienced attorneys have extensive trial experience and have built a reputation for their skill in handling complex cases, advocating for clients both in and out of the courtroom. The Best Lawyers in America named us among the 2025 Best Law Firms for medical malpractice law. 

Firm partner Stephanie Roberge received the elite Lawyer of the Year designation for plaintiffs’ medical malpractice litigation in New Haven. She has been recognized in Best Lawyers since 2018, an honor that founding partner John Kennedy Jr. has held since 2014.

Clients choose us for our expertise and empathetic approach to representation. We provide personalized service in every case and care deeply about clients’ well-being, as evidenced by our client testimonials. We are proud to have made a difference in their lives.

Photo of John Kennedy Jr., Founding Partner at Kennedy, Johnson, Schwab & Roberge (KJSR)

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 Counts as a Medical Misdiagnosis?

Medical misdiagnosis happens when a doctor or other health care professional diagnoses a patient’s condition incorrectly, fails to diagnose a condition, or diagnoses a condition too late. Every year, approximately 371,000 Americans die and 424,000 suffer a permanent disability because of a diagnostic error.

Such errors happen every day in various settings and for many different reasons. Some of the most common causes of misdiagnosis include the following:

  • Misreading test results and images
  • Failing to receive timely results and reports
  • Missing or disregarding critical information in patient records
  • Confusing patients’ symptoms with the wrong conditions
  • Ignoring or minimizing the patient’s concerns
  • Neglecting to consider other diagnostic possibilities
  • Relying on common patterns over evidence

Although each case is different, there is one crucial common thread: the failure of a medical professional to provide the proper care.

Understanding Medical Misdiagnosis and Your Legal Rights

News of a misdiagnosis leads to numerous questions, especially regarding your health. You wonder what might have gone differently and how you’ll cope with unexpected health needs.

It’s also important to consider legal options. For example, can you sue a doctor for misdiagnosis? You can sue if the diagnosis has resulted from medical negligence and caused compensable damages.

Legal Action for Misdiagnosis

In Connecticut, a misdiagnosis may constitute medical malpractice if it results from a breach of the accepted standard of care. The standard of care is the level of skill, treatment, and care a reasonable provider would offer in the same situation. If there is evidence that a provider deviated from this standard, either by action or inaction, a victim may be eligible for damages.

The law classifies medical malpractice as a personal injury matter. Thus, the personal injury statute of limitations applies. You must file a lawsuit for personal injury in Norwalk or elsewhere in Connecticut within two years of the incident, unless there is evidence of delayed discovery. 

Sometimes, the harm from a misdiagnosis does not come to light until a while after the incident. In such cases, the two-year statute of limitations begins to run when the patient knew or should have known about the diagnostic error. You must still file within three years of the original incident, but there is a 90-day extension to allow for an investigation.

How To Protect Your Rights

Missing the filing deadline typically results in losing your right to sue, so take action as soon as possible.

If you believe you have a misdiagnosis case, our medical malpractice attorneys can help. We have extensive experience with these cases and can assist you in filing on time.

Common Types of Medical Misdiagnosis Cases We Handle

A misdiagnosis is often more than just a simple delay in treatment. A misdiagnosis could allow the patient’s condition to worsen or threaten their life.

The most serious impacts come from the misdiagnosis of cancer, infections, and vascular events, which are behind a combined 75 percent of severe harm to patients. Stroke is the top cause of serious harm, constituting 17.5 percent of notable misdiagnosis cases.

Other commonly misdiagnosed illnesses include the following:

These are only a few serious illnesses that medical teams misdiagnose every day. If you suffer from the effects of a misdiagnosed medical condition, whether cancer, stroke, or another issue, a misdiagnosis lawyer can help you move forward.

Compensation You May Be Entitled to in a Misdiagnosis or Failure to Diagnose Case

Medical misdiagnosis can leave you in pain, scared, and facing years of medical expenses. It’s unreasonable for you to shoulder the burden of someone else’s mistakes.

Legal action can help you recover damages for your economic and non-economic losses. Economic damages cover the measurable financial costs of your missed diagnosis, including the following:

  • Past and future medical expenses
  • Rehabilitation and physical therapy
  • Facility-based or in-home care
  • Lost wages
  • Diminished earning capacity

Non-economic damages compensate for the less tangible losses, such as the following:

  • Pain and suffering
  • Emotional distress
  • Diminished quality of life
  • Disfigurement or scarring

Our medical misdiagnosis lawyers can determine the full value of your losses and advocate for you throughout the legal process, leveraging our significant resources to fight for your rights.

From day one, we stand up for you—investigating, gathering evidence, identifying responsible parties, and negotiating with insurance companies to pursue a fair settlement. If liable parties are unwilling to offer what you deserve, we will prepare your case for trial and represent you in court.

Speak With a Norwalk Medical Misdiagnosis Attorney Today

Misdiagnosis is a form of medical malpractice. Many affected patients suffer serious long-term consequences with emotional, physical, and financial fallout.

If you have suffered harm from a health care professional’s failure to diagnose your condition, the skilled team at KJSR can help. Our Norwalk medical malpractice attorneys have handled a wide variety of misdiagnosis cases, from cancer to strokes and other conditions, and can fight for fair compensation on your behalf.

Act now—secure your rights and get legal help today. Call 203-865-8430 or contact us online to schedule your free consultation. It costs nothing to call, and there are no fees unless we win.

FAQs

Who Is Liable for My Misdiagnosis?

In a malpractice case, any professional or institution that fails to meet the standard of care may be held liable, including doctors, nurses, pathologists, diagnostic testing laboratories, clinics, or hospitals.
You may have a medical misdiagnosis case if a medical professional has diagnosed you with the wrong condition, failed to diagnose a condition, or took too long to diagnose a condition, and that error caused you significant harm. If you are unsure whether you have a case, contact our misdiagnosis attorneys for guidance.

Connecticut requires you to file within two years of your misdiagnosis, unless there was a delay in identifying the error. In that case, the two-year time frame may begin when you discovered the mistake, provided you file within three years of receiving the incorrect diagnosis. In both cases, the state offers a 90-day extension for investigation.

Our firm handles all misdiagnosis cases on a contingency fee basis. If you work with us, do not get paid unless and until you receive a settlement or jury award. Consultations are always free.

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New Haven, CT 06511

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Norwalk, CT 06854

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