When patients visit their doctors, they expect to receive the appropriate medical care for their condition or medical emergency. Unfortunately, some physicians fail to perform a necessary test or procedure, which often leads to adverse effects, complications, or even death. 

Everyone should be able to trust their doctors to be competent and uphold the duty of care that is owed to all patients. If you’ve experienced an injury or had a medical condition worsen due to a doctor’s failure to perform a procedure, contact a Litchfield failure to perform procedure lawyer at D’Amico & Pettinicchi, LLC. Our medical malpractice attorneys have been helping injured clients obtain compensation from negligent healthcare professionals for over 100 combined years. 

Is Not Performing a Procedure Always Malpractice in Connecticut?

It is understandable that patients who suffer negative reactions to the failure to perform a procedure or test may feel they’ve been wronged by their doctor, but not every mistake or bad result can be considered medical malpractice. Some mistakes are simply reasonable errors that any similarly trained medical professional could make, and no treatment outcomes can ever be guaranteed due to the complex nature of the human body and its reaction to treatments. 

Knowing which situations involve negligence that rises to the level of medical malpractice requires skilled legal guidance from an experienced Litchfield failure to perform procedure attorney.

What Is the Standard of Care in Medical Malpractice Negligence Cases?

Doctors are held to a professional standard of care in medical malpractice claims that centers around what behaviors and decisions a reasonably prudent healthcare provider in the same field or with similar credentials would have made. Essentially, medical malpractice negligence claims seek to answer the following question: Would a similar medical professional believe the level of care, skill, and treatment provided by the allegedly negligent physician was acceptable and appropriate? If the answer is no, the physician may be found liable for injuries caused by their negligence. 

Recovering Damages After a Doctor Fails to Perform a Procedure

Failure to perform can occur in Litchfield emergency rooms, exam rooms, doctor offices, and labs when being seen for anything from medical emergencies to routine check-ups. This type of medical malpractice claim can be caused by a variety of medical negligence, including failing to:

  • Order necessary lab work and tests
  • Provide necessary outpatient procedures
  • Perform needed surgeries 

There are three types of damages that may be available to injured patients in medical malpractice claims: economic, non-economic, and punitive. Economic and non-economic damages are awarded for harm to the patient that includes medical bills, lost wages, and pain and suffering.

Punitive damages are awarded in medical malpractice claims when there is a reckless indifference to the rights of others or a physician intentionally violates a patient’s rights. In Litchfield, punitive damages in medical malpractice cases are only granted to cover the costs of litigation and attorney’s fees and are rare.

Speak With a Litchfield Failure to Perform Procedure Attorney

If your physician’s failure to perform a procedure led to injuries or medical complications, contact a Litchfield failure to perform procedure lawyer at D’Amico & Pettinicchi, LLC. We offer free virtual and in-person consultations to discuss the details of your case.