Can You Sue a Doctor for Misdiagnosis?

Yes, you can sue a doctor for a misdiagnosis if they were negligent or did not meet the standard of care. This is done through a medical malpractice lawsuit. To be successful, you must prove that a doctor’s actions fell below the standard of care and that it caused you harm. 

Speak with a Farmington misdiagnosis lawyer to find out if you can sue a doctor based on medical malpractice. They understand how overwhelming it is to deal with the aftermath of a misdiagnosis alone. Your attorney explains your legal options and, if warranted, files a lawsuit for you. 

When Can You Sue a Doctor for Misdiagnosis?

Sue a doctor or a medical practice for a misdiagnosis if they ignore the standard of care and cause you to get hurt and incur losses. A Farmington medical malpractice lawyer can determine if you have grounds for a lawsuit.

Instances when you can seek financial compensation from a doctor and their practice responsible for a misdiagnosis include:

• Heart Attack: A doctor misdiagnoses a patient with indigestion or anxiety as they experience chest pain and other heart attack symptoms. 
• Stroke: A stroke is misdiagnosed as a migraine or vertigo, and, as a result, a doctor does not provide their patient with proper care and support. 
• Cancer: The symptoms of early-stage breast or lung cancer are overlooked, resulting in a delayed cancer diagnosis and treatment. 
• Pulmonary Embolism: The symptoms of pulmonary embolism are misdiagnosed as a cold, pneumonia, indigestion, or stress.
• Infections: The symptoms of a progressing infections are minimized or not taken seriously, allowing the infection to spread throughout the body, such as the heart, the muscles, and the brain, causing permanent injury and death. 
• Aortic Dissection: The symptoms of an aortic dissection can be overlooked and not investigated, resulting in a rupture of the aorta and death.
• Surgical Complications: Symptoms of surgical complications, such as bowel perforation, organ injury, and sepsis can be harmful, are ignored or minimized allowing minor complications to cause serious injury or death.

Generally, you have two years from the date you discovered the harm caused by a misdiagnosis to sue. Some people have three years from the date of a misdiagnosis to file a lawsuit.

If a misdiagnosis is fatal, a surviving family member generally has two years, and may have up to five years to sue on behalf of a deceased patient. It also possible to obtain an extra 90 days on top of the deadline to sue if you file the proper documents with the court before the deadline.

How Can You Sue a Doctor for a Misdiagnosis?

Hire a Farmington personal injury lawyer to sue a doctor for a misdiagnosis. Or work with a wrongful death lawyer if a misdiagnosis contributed to a family member’s death. Your attorney submits your lawsuit pursuant to state or federal laws and deadlines.

They want to prove that the following elements of negligence were present at the time of a misdiagnosis:

Duty of Care

According to the laws relating to medical malpractice in Connecticut, doctors owe their patients a medical duty of care. As part of this, a doctor is legally obligated to provide their patients with services and support in alignment with the standard of care that applies to their circumstances. 

Breach of Duty of Care

In your medical malpractice lawsuit, you must show that a doctor’s actions or failure to act did not comply with the standard of care, leading to a misdiagnosis.

For example, medical professionals will need to provide testimony to explain how a reasonable doctor would have acted in circumstances similar to yours. Their testimony is necessary to prove that a doctor violated the duty of care owed to their injured patient. 

Causation

It is your responsibility to prove that a doctor’s negligence was a contributing factor to the harm you have suffered. To prove causation, your lawyer will use evidence that shows your symptoms worsened or that you had to deal with other consequences because of a doctor’s misdiagnosis. 

Damages

You can ask for economic and non–economic damages from the doctor and their practice group, who are liable for a misdiagnosis. Suppose your lawyer proves that a doctor breached their duty of care and caused you quantifiable and subjective harm.

In this case, you may receive compensation for your medical bills, pain and suffering, loss of life, and other losses.

Talk with a Connecticut misdiagnosis attorney if you are considering a medical malpractice lawsuit. Your lawyer helps to answer questions about what happened and guides you through the legal process while helping you make informed decisions at each stage of your litigation. 

Should You Sue a Doctor for a Misdiagnosis?

The decision is ultimately up to you. You should sue a doctor for the consequences of a misdiagnosis if you have a valid case and feel it is in your best interests to take legal action.

Filing a lawsuit can provide you with the peace of mind that this medical professional is being held accountable for their actions, and to prevent future harm to other patients.

In addition, it allows you to obtain fair and deserved money compensation for your losses for what you have and will suffer, for future medical care, and for life’s expenses if you can no longer work. 

Submitting a lawsuit can provide a sense of closure if a family member dies because of a doctor’s misdiagnosis. A Farmington wrongful death lawyer is empathetic and compassionate.

They will pursue justice and damages for you. Your attorney handles your legal matters while you and your loved ones care for and support one another during a difficult time in your life. 

Just because you sue a doctor does not mean your case will go to trial. A doctor or other liable parties could offer a settlement before your trial date. You can accept the proposal if you feel it is fair.

Alternatively, if you want to take your case in front of a judge or jury, your lawyer supports your decision. Your lawyer will help you make the best decision for you and with your case.

Get Legal Help if You Want to File a Lawsuit Against a Doctor for a Misdiagnosis 

Suing for a misdiagnosis is a viable option for those who were harmed by a doctor who did not follow the standard of care. Misdiagnosis lawyers are available to review your case and provide insights into what can happen if you submit a lawsuit against a doctor based on medical malpractice. 

Claggett, Sykes & Garza is nationally recognized as a premier trial law firm. Our personal injury attorneys have obtained over $1.5 billion in verdicts and settlements for our clients in misdiagnosis cases and many others. Allow us to help you with your medical malpractice case.

Schedule a free case consultation with us to get started.