Medical science can limit the damage caused by many diseases and conditions when the patient is diagnosed early. Delays caused by a misdiagnosis or a failure to diagnose can have life-altering consequences.
You could sue for malpractice when a physician’s failure leads to an incorrect or missed diagnosis that has a negative impact on your health. However, these cases can be challenging to prove, so you should work with an experienced attorney at D’Amico & Pettinicchi, LLC.
Our skilled legal professionals have successfully represented people like you for many years. Reach out to a Connecticut failure to diagnose lawyer as soon as you realize a misdiagnosis has occurred to learn whether you have grounds for a malpractice suit.
Malpractice occurs when a medical professional does not treat to a standard of care comparable to that of other professionals with similar credentials. A mistake is not necessarily malpractice unless the professional could have avoided it, and their peers would have paid more attention or applied more skill.
Diagnosing the wrong condition or missing a diagnosis entirely is malpractice when the doctor could have made an accurate diagnosis if they had taken a more thorough history or considered the patient’s symptoms more carefully. If the doctor missed a diagnosis because they did not order tests another doctor would have ordered in the same circumstances, the doctor might have committed malpractice.
It might not be malpractice if the doctor misinterpreted an ambiguous test result, but it could be malpractice if the doctor did not follow up appropriately. Determining whether a specific failure to diagnose involves malpractice requires a review of the patient’s medical records by a seasoned Connecticut malpractice attorney and a similarly trained medical professional.
Sometimes, a failure to diagnose does not make a lot of difference. If there is no effective treatment for a condition or the symptoms are easily managed with over-the-counter remedies, you might not have suffered any harm from the failure to diagnose.
On the other hand, failing to diagnose cancer until it has progressed can mean that treatments are more debilitating or invasive, and chances of survival might be lessened. Failing to diagnose a heart attack or stroke when it is happening can lead to permanent damage and a greatly diminished quality of life. Missing an aneurysm can lead to brain damage and death.
Our Connecticut lawyers will speak with you and your family to understand how the misdiagnosis impacted your lives. When your doctor’s failure to provide a reasonable standard of care leads to documentable harm, you can bring a lawsuit seeking compensation for the results of their malpractice. However, the time limits for medical malpractice lawsuits are short—usually two years, but a maximum of three years—so it is important to get legal advice as soon as possible. For claims involving wrongful death, a lawsuit must be filed within 2 years from the date of death but not more than 5 years from the negligent care at issue.
When you file a medical malpractice lawsuit, you can claim compensation for all the losses you experienced due to the doctor’s error. When the delayed diagnosis increases the expense of treatment, the doctor who made the error could be responsible for the excess cost. You can also claim any income you lost because of the delayed diagnosis.
You can claim compensation for the mental anguish you endured because of the delayed diagnosis, and the physical pain you suffered. When the delayed diagnosis means that you are less likely to make a full recovery or must suffer more debilitating treatments than if the diagnosis was made early, you can claim compensation for the impact on your quality of life.
The doctor might try to argue that you are partially responsible for their failure to diagnose. They might claim you missed or rescheduled appointments, didn’t disclose symptoms, or didn’t comply with a treatment plan. Connecticut General Statutes § 52-572h allows the doctor to pay less compensation if they prove you have partial responsibility. Your dedicated failure to diagnose attorney will push back against these arguments and ensure the blame goes where it belongs—on your doctor.
The failure to provide a prompt diagnosis can severely impact your quality of life and even the length of your life. When a doctor’s inattentiveness, carelessness, or lack of knowledge led to the error, you could seek financial compensation by bringing a medical malpractice lawsuit.
Our legal team at D’Amico & Pettinicchi, LLC, will apply their many years of experience handling these cases to ensure you receive the most favorable result possible in the circumstances. We offer free initial consultations, which can be held remotely or in person. Get in touch with our Connecticut failure to diagnose lawyer today.
