The first and most crucial step to receiving appropriate treatment from your healthcare provider is them accurately identifying the issue you are dealing with. While most medical professionals can be trusted to apply their expertise and experience appropriately when making diagnoses, there are those who recklessly or carelessly fail to do so and, as a result, allow their patients to sustain serious harm because of a missed diagnosis.
Pursuing a lawsuit after a failure to diagnose a particular condition can be tricky without guidance from an attorney with a track record of positive results. With help from a knowledgeable Danbury failure to diagnose lawyer at Berkowitz Hanna, you could more effectively advocate for your rights while still following the various procedural restrictions and requirements that apply to malpractice claims.
The phrase “failure to diagnose” in the context of medical negligence covers various ways in which a doctor could fail to provide appropriate treatment to a patient because they misidentified that patient’s condition, including diagnosing them with the wrong condition, allowing an unreasonable amount of time to pass before correctly identifying a condition, or failing to identify that anything is wrong at all. Misdiagnoses of any of these natures can stem from numerous points in an individual patient’s treatment path, including:
Depending on the circumstances, a misdiagnosis may result in a patient receiving the wrong treatment, receiving the right treatment too late, or not receiving any treatment at all. Any one of these medical mistakes can lead to serious and even fatal harm from a condition that could have been alleviated with proper care. Whatever form a failure to diagnose takes in Danbury, a seasoned attorney can provide crucial assistance with establishing civil fault for the incident and demanding fair restitution for all ensuing losses.
As per Connecticut General Statutes §52-184c, a civil claim based on a doctor’s negligent failure to diagnose a medical problem must be based on an actionable breach in the applicable “standard of care.” This refers to the level of care and consideration that should be expected of a physician with equivalent competency under similar circumstances. C.G.S. §52-190a goes on to require any person who wants to file suit based on such grounds to make a “reasonable inquiry” with at least one qualified expert to establish good-faith grounds for a lawsuit.
Compliance with the latter statute requires obtaining a written and signed statement by said qualified expert affirming that a preponderance of available evidence indicates that a breach in the standard of care was the direct cause of a misdiagnosis. A failure to diagnose lawyer in Danbury can get in touch with the necessary experts to prove a provider’s negligence.
Missed diagnoses are a leading cause of preventable injuries and losses in medical contexts, and in many cases, they can serve as grounds for comprehensive civil recovery. However, complying with the various special rules for claims of this nature can be a difficult task without legal guidance.
A Danbury failure to diagnose lawyer can provide the counsel you need to get the payments you deserve. At Berkowitz Hanna, we are committed to obtaining a favorable verdict or settlement on your behalf and will work hard to ease your burden while you recover. Contact us today to set up your free case consultation.