Malpractice Attorney Serving Victims of Misdiagnosis in Stamford, Danbury, Bridgeport and all of Connecticut
When a healthcare provider fails to timely recognize, properly diagnose, and/or appropriately treat a patient’s condition, the results can be serious and life-threatening. These missed opportunities may mean the difference between health and sickness and life or death.
Physicians, nurses, surgeons, and other medical care providers must diagnose and treat patients in accordance with the appropriate medical standard of care. With respect to the diagnosis of medical conditions, treating physicians must do everything possible to ensure he or she meets this standard.
There are certain indicators commonly identified in instances where physicians fall short of the appropriate medical standard of care regarding patient diagnosis, including: a failure to listen to a patient’s concerns; ignoring or missing certain signs and symptoms; failure to order diagnostic tests; failure to consult with other doctors and specialists; a failure to properly read diagnostic tests; and more.
Potentially Serious And Deadly Consequences
Misdiagnosis is considered a form of medical malpractice as it can have serious and deadly consequences. Claims of delayed diagnoses (a type of misdiagnosis) are the most frequently pursued medical malpractice legal actions throughout the United States and Connecticut. This is largely due to the fact that the early diagnosis of many conditions, especially cancer, is critical in increasing the chances of patient survival.
The failure to timely diagnose medical conditions can decrease or eliminate the chances of patient’s ability to receive effective treatment. Once that window of time closes, effective treatment may no longer be an option.
Commonly Misdiagnosed Conditions
Any type of medical condition may be misdiagnosed if a treating physician or other medical care provider fails to pay attention or is negligent in some other way when it comes to patient care. And, while not all instances of misdiagnosis rise to the level of medical malpractice, there are many instances of misdiagnosis that certainly do constitute medical malpractice.
Some of the conditions that are commonly misdiagnosed as other conditions include, but are not limited to, the following:
- Heart attacks
- Cancer misdiagnosis
- Reflex Sympathetic Dystrophy (RSD)
- Marfan Syndrome
If you or someone you love has suffered as a result of a delayed or missed diagnosis, you may be entitled to compensation for your pain and suffering, as well as medical expenses and other financial damages.
Classifications of Misdiagnosis Medical Malpractice Claims
Wrong Diagnosis: In these situations, a treating physician diagnoses a patient with the wrong medical condition and administers the wrong treatment and medication. As a result, a patient may never receive the medical care necessary to treat the actual condition.
Missed Diagnosis: In these cases, a treating physician provides a patient with a clean bill of health, when in reality, a medical condition exists and continues to progress without treatment. Missed diagnoses often result from a physician’s failure to properly observe and/or further investigate a patient’s symptoms. A missed diagnosis may mean the difference between an easily-treatable condition and serious complications and even wrongful death.
Delayed Diagnosis: In these situations, a treating physician makes a correct diagnosis – eventually – thus resulting in a significant delay of necessary medical treatment. Each day the physician delays a correct diagnosis, the patient’s condition worsens, additional problems may arise, and irreversible damage may occur.
Legal Standard for Misdiagnosis Medical Malpractice Claims
No doctor is perfect and some diseases and conditions are extremely difficult to diagnose. However, perfection is not the standard of care when it comes to diagnosing patients. What is expected is that a treating physician adheres to the accepted standard of medical care that has been predetermined by the local, relevant medical community.
In misdiagnosis cases, plaintiffs must demonstrate sufficiently that doctors with the same type of training in the same general geographical location would have diagnosed a condition differently than the defendant physician. Essentially, the victim must show that the physician was negligent when misdiagnosing, delaying to diagnose, or failing to diagnose a patient’s condition.
It is also important to note that the missed, delayed, or failed diagnosis itself may not rise to the level of medical malpractice. It is only medical malpractice if the improper diagnosis results in delayed treatment, improper treatment or lack of treatment which then directly results in further harm to the patient (i.e., worsening of condition; development of new condition; etc.)
Common Allegations Medical Malpractice Stemming from a Misdiagnosis
Some allegations of misdiagnosis medical malpractice are more commonly made by injured patients than others, including the following:
- That the treating physician was simply incompetent
- That the treating physician failed to even consider and include the proper diagnosis as a potential “culprit”
- That the treating physician did include the correct diagnosis in his or list of possible culprits, but then failed to seek further opinions or conduct the tests necessary to confirm or rule out the diagnosis
- That the treating physician incorrectly read a correct test result
- That incorrect test results were obtained through improper procedures and/or through the use of broken, dirty, or faulty testing equipment
In all of these instances, the actions or inactions of the treating physician and/or hospital are analyzed to determine whether the applicable medical standard of care was adhered to or not.
Berkowitz and Hanna LLC: the Experience Your Case Needs
Misdiagnosis medical malpractice cases are difficult to prove and involve complex legal and medical concepts and inquiries. Sufficiently demonstrating that a misdiagnosis directly caused your injuries requires the skill of an experienced and knowledgeable medical malpractice attorney.
Moreover, in order to initiate a medical malpractice case, such as one based on misdiagnosis, Connecticut law mandates that the injured party’s attorney first conducts a reasonable and thorough investigation to determine if, in good faith, a viable claim exists. The Berkowitz and Hanna LLC medical malpractice legal team has extensive experience reviewing and investigating medical records, witness statements, applicable statutes and case law, and seeking medical opinions regarding the facts, the applicable standard of medical care, and causation.
We pledge to provide you with a thorough and honest assessment of your case and our educated opinion as to whether a viable claim exists.
Talk to a Connecticut Medical Misdiagnosis Lawyer TODAY
If you believe that you or a loved one suffered injuries resulting from a misdiagnosis of a medical condition, you should speak with an experienced medical malpractice attorney about your legal rights.
Contact Berkowitz and Hanna LLC today to find out how we can help your case. Our law offices in Stamford, Danbury and Bridgeport are prepared to handle misdiagnosis medical malpractice cases throughout the state, including Norwalk. We handle these types of cases on a contingency basis. That means that you need to pay us a fee only if you win. Call us today at 203-487-5725 or send us a message via our online form to schedule a meeting with a qualified and committed misdiagnosis medical malpractice attorney. Your initial consultation is always complimentary.