Misdiagnosis Lawyer in West Hartford, CT
Medical malpractice resulting from misdiagnosis is a common issue in the healthcare system. In the United States, it is estimated that between 40,000 and 80,000 people die each year due to misdiagnosis.
At Kennedy Johnson Schwab & Roberge, our misdiagnosis attorneys in West Hartford, CT, are ready to help you if you’ve been a victim of a medical misdiagnosis.
Medical malpractice as a result of misdiagnosis is one of the most common types of medical malpractice. In the United States, anywhere from 40,000 to 80,000 people die each year.
Physicians are responsible for diagnosing and treating patients following appropriate medical standards of care. If a doctor, nurse, or any other medical professional fails in this, serious consequences can arise.
At Kennedy Johnson Schwab & Roberge, our misdiagnosis attorneys in West Hartford, CT, are ready to help you if you’ve been a victim of a medical misdiagnosis.
Classifications of Misdiagnoses
There are a few different types of medical misdiagnosis. One type is getting the wrong diagnosis. This is when the physician diagnoses the person with the wrong condition and administers the wrong treatment. These kinds of cases often result in the patient not receiving the right treatment until it’s too late or not getting it at all.
A missed diagnosis is another type. It involves a physician giving someone a clean bill of health when they actually have a condition that requires treatment. This allows the condition to continue getting worse. A missed diagnosis can occur because of a physician’s failure to properly observe or listen to the patient.
The other type of misdiagnosis is a delayed one. In these situations, a physician makes the right diagnosis but does it after a significant amount of time. This results in a delay that could lead to irreparable harm.
Many factors can influence a diagnosis and potentially lead to diagnostic errors. Doctors can fail to follow up on symptoms or mistake conditions with similar symptoms. If they don’t order more tests, conditions with similar symptoms can easily be misdiagnosed.
Doctors with hectic schedules can also make mistakes more easily and not take the time to ask patients the right questions.
What You Need to Prove in a Misdiagnosis Lawsuit
To prove that you suffered a misdiagnosis and that it resulted in health issues, you need to show a few things. The first is that a doctor-patient relationship existed. In other words, the medical professional provided you with treatment.
Then, you have to show that the misdiagnosis violated the standard of care. Any patient has the right to assume that a physician or other medical personnel would follow established standards of care.
The next thing to show is that because of medical negligence, the misdiagnosis occurred and caused injuries. Keep in mind that it’s not enough to prove that the medical professional violated the standard of care — you have to also show that their negligence led to the injury.
The last two requirements aren’t easy to prove, and most people aren’t sure where to begin doing so. When you turn to a medical misdiagnosis lawyer in West Hartford, CT, you can get the help you need. Contact Kennedy Johnson Schwab & Roberge today.
Why Having a Misdiagnosis Attorney in West Hartford, CT, Is Crucial
Filing a medical malpractice claim may seem simple, but it’s not. By turning to the right lawyers, you can get the assistance you need.
Clear Case Assessment
Not everyone has a misdiagnosis claim. If your claim doesn’t meet one of the above requirements, you likely won’t be able to get compensation. You don’t want to gather all the necessary evidence only to realize you won’t be able to file the claim.
When you turn to a misdiagnosis lawyer, you can get a clear assessment to see if you can take the claim forward.
Gather Evidence
Proving everything you need to prove can be tough, especially if you’re dealing with the health issues the misdiagnosis caused. Lawyers like those at Kennedy Johnson Schwab & Roberge can help you with this crucial step.
We’ll work with medical professionals to learn more about the misdiagnosis, and we’ll gather your medical records to put together the strongest possible claim.
Handle Negotiations
Doctors and the hospitals where they work have entire teams of lawyers ready to help them through any claims of medical malpractice. This means that if you try to file a claim on your own, you’ll be quickly overwhelmed with the legal jargon they throw your way. They could intimidate you and try to bully you into accepting a low offer.
When you have a lawyer by your side, you don’t have to stress over the actual negotiating. We’ll handle the negotiations for you. With years of experience and knowledge of your rights, we can help you get the kind of compensation you deserve.
File on Time
Typically, the time you have to file a medical malpractice claim in Connecticut is generally two years, but many factors can influence this. If you’re dealing with a state institution, for example, you may only have one year in which to file the claim. All of this, plus the health issues you’re dealing with, can make the chances of missing the deadline easier.
If you have a misdiagnosis lawyer helping you, however, they will handle the deadlines to help you get the compensation you need.
Take the Case to Court
If the negotiations with the other parties are not going as well as they should be, the next option is to take the claim to court. You need to have experienced lawyers ready to litigate on your behalf.
Contingency Fees
At Kennedy, Johnson, Schwab & Roberge, P.C., we handle all Misdiagnosis cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.
Schedule a free, confidential consultation with a skilled Connecticut medical malpractice lawyer today. Contact us online or call our New Haven law firm directly at 203-865-8430.
Misdiagnosis FAQs
Can You Sue a Doctor for Misdiagnosis?
Yes, you can sue a doctor for a misdiagnosis. You’ll want to speak with a lawyer who’s experienced with medical malpractice as soon as possible so that you can get the guidance you need.
But can you sue a hospital for misdiagnosis? That depends on who caused you harm. You can only sue the hospital if one of their employees was at fault. This usually means nurses, technicians, and other staff members. Sometimes, doctors aren’t actual employees of the hospital where they work.
Even if the doctor isn’t an employee, however, there can be exceptions that would allow you to sue. If the hospital employs an incompetent doctor, for example, they can then face legal challenges.
How Long Do You Have to Sue for Misdiagnosis?
Most people have two years from the missed or improper diagnosis. In some cases, though, you may not have that long. The best thing you can do is reach out to a lawyer as soon as possible to get started preparing the claim.
What Can I Expect Fee-Wise From a Misdiagnosis Lawyer?
Misdiagnosis attorneys work on a contingency basis. This means that they don’t charge upfront fees. Instead, they only get paid if and when you do. They also offer free consultations, so there’s nothing that can hold you back from reaching out for help when you need it.
What Compensation Is Available in a Misdiagnosis Claim?
It’s possible to claim both economic and non-economic damages. Economic damages are those that have a clear price tag, like medical expenses and lost wages. You can get coverage for the losses you’ve incurred as well as future losses you may have if you need continued care.
You can also claim non-economic losses. These are more subjective and include damages like pain and suffering and loss of enjoyment of life. If you’ve lost a loved one as a result of the misdiagnosis or if the negligence resulted in severe disabilities, you can also claim loss of consortium.
What Are Some Commonly Misdiagnosed Conditions?
The most commonly misdiagnosed conditions are those that have overlapping symptoms with other conditions. Various types of cancers are often misdiagnosed with other conditions. Because heart attacks in women present with different signs and symptoms than in men, doctors often miss the diagnosis as well.
Get Help From Misdiagnosis Lawyers in West Hartford, CT
If you’ve suffered health issues because of a misdiagnosis, you need to reach out to lawyers who are ready to help. At Kennedy Johnson Schwab & Roberge, we offer the kind of guidance you need to have the best chance of getting fair compensation.
Contact us at Kennedy Johnson Schwab & Roberge to schedule a free consultation with a misdiagnosis lawyer in West Hartford, CT.
Free Case Evaluation
"*" indicates required fields
Office Locations
15 N. Main Street #100 Suite 217
West Hartford, CT 06107
Client Testimonials
Our Results
