Given the years of education and on-the-job training healthcare professionals must complete before practicing independently, it is reasonable to assume they will correctly identify what is wrong and prescribe appropriate treatment. While most medical professionals fulfill this basic responsibility without issue, those who do not end up causing severe—and ultimately avoidable—harm to hundreds of Connecticut residents every year.
If you experienced a poor medical outcome because a doctor diagnosed you with the wrong injury, illness, or chronic condition, you can discuss a potential civil claim with a dedicated medical malpractice attorney. Working with a seasoned Connecticut misdiagnosis lawyer on your case may help you maximize your available recovery and preserve your right to file a lawsuit.
Connecting Compensable Losses to a Connecticut Doctor’s Misdiagnosis
As part of the standard of care that healthcare providers owe to their patients, healthcare providers are expected to apply their experience and expertise towards identifying the proper treatment for each patient under the circumstances. A doctor who fails to meet this standard and causes preventable harm by recklessly or carelessly misdiagnosing a patient’s condition has engaged in legally actionable negligence.
However, proving that a Connecticut doctor’s misdiagnosis was the direct cause of an adverse medical outcome can be challenging, especially without a diligent attorney present. Even if a healthcare provider did diagnose a patient with the wrong injury or illness, that alone is not sufficient to justify a civil claim.
Instead, the impacted patient must prove through a preponderance of evidence that they sustained physical harm that required additional professional care. Importantly, this harm must have been because of the misdiagnosis, and not for any other primary reason. For example, if a doctor misdiagnoses a patient’s illness, that patient may potentially recover for the harm their original illness caused from being untreated. However, a patient cannot recover for the harm they sustained due to another illness they contracted after the initial misdiagnosis.
Special Rules for Misdiagnosis Claims
Misdiagnosis victims must enlist help from a competent medical professional if they want to recover compensation for their ensuing losses. Under Connecticut General Statutes §§52-184c and 52-190a, injured parties must submit a signed statement from a medical expert that affirms a breach of the applicable standard of care, and that said breach proximately caused compensable losses.
Statute of Limitations for Negligence Claims
Furthermore, C.G.S. §52-584 limits most misdiagnosed parties to just two years after discovering they were harmed by misdiagnosis and no more than three years after the actual misdiagnosis to file suit. A well-versed lawyer in Connecticut can help a misdiagnosed person file their lawsuit in a timely manner to avoid any potential loss of compensation.
Get in Touch with a Connecticut Misdiagnosis Attorney Today
Being diagnosed with and treated for the wrong illness or condition can have devastating financial, physical, and personal repercussions. If you fell victim to this form of medical negligence, understanding and utilizing your legal rights under state civil law may be essential to preserving your future health and financial security. To review your situation and discuss potential recovery options, schedule a consultation with a Connecticut misdiagnosis lawyer today.
