Connecticut Medical Malpractice Attorneys, and the Misdiagnosis of a Condition in Connecticut.

            If you or a loved one has been seriously harmed by the malpractice of your doctor, hospital, or other medical professional in Connecticut, then you might have a medical malpractice case.  If you have a case, you are entitled to compensation for your harms and losses suffered as a result of the medical malpractice.  The Bartinik Law Firm, P.C.’s medical malpractice lawyers can help you evaluate your case, and successfully bring your case to conclusion. 

            We have helped many people bring successful medical malpractice cases in Connecticut including cases such as surgical errors, failure to diagnose, and medication error cases. 

            Here, we have printed this short guide about medical malpractice, and the misdiagnosis of a condition in Connecticut, and where to get help. 

What is Medical Malpractice in Connecticut?

            Medical malpractice is a term for negligence by a medical professional.   It is professional negligence by act or omission when the medical professional falls below the standard of care in the medical community for that professional.  Of course, that act or omission must also cause harm to the patient. 


What is the Specific Rule that States what a Plaintiff Must Prove in order to Win their Connecticut Medical Malpractice Lawsuit?

            In a Connecticut medical malpractice case, as stated in Connecticut General Statutes, the plaintiff must prove “that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”  Connecticut General Statute § 52-184c(a).  Printed as of January 2015.


Medical Malpractice from a Misdiagnosis of a Condition.

            If you have been seriously harmed by a misdiagnosis of a condition by your doctor in Connecticut, then you might have a case against them for medical malpractice. 

What does the word diagnosis mean?      

            Diagnosis refers to the process of evaluating the patient’s illness or condition, and then concluding what illness or condition the patient has. 

Why is making the correct diagnosis so important? 

            The purpose of making the correct diagnosis is to determine what treatment to give to the patient.   Once you know the illness or condition, you can give the correct treatment. 

What is a misdiagnosis in a medical malpractice case in Connecticut?      

            In a medical malpractice case, a misdiagnosis malpractice case occurs when the doctor makes a misdiagnosis, and that error causes harm to the patient.  There must be medical negligence and harm caused by the negligence.

What is the general process of making a diagnosis?

            The process starts by taking a history of the patient, doing a physical evaluation of the patient, and by running medical tests on the patient when necessary.  Next, the doctor evaluates the information.   Then, through the process of elimination, the doctor reaches a conclusion about what condition the patient has, and begins treatment.

What harm can occur when a doctor makes the wrong diagnosis? 

            If the doctors makes the wrong diagnosis, that is very dangerous for the patient.  First of all, when the condition is misdiagnosed it is likely that the patient is not getting treatment for their true medical condition.  This delay in treatment can be fatal for the patient.   Examples include failure to diagnose cancer, or the failure to diagnose a heart attack or stroke. 

            Additionally, when a wrong diagnosis is made, the patient might be given drugs to treat a condition that the patient does not have.  Those drugs can be very dangerous to the patient, and can also have serious unnecessary side effects.   Or worse, the patient might be given a surgical procedure that they do not need.  

Medical malpractice lawsuits | Misdiagnosis of a condition in Connecticut | Errors involving a poor medical history. 

            Medical malpractice lawsuits from a misdiagnosis of a condition in Connecticut can occur due to errors involving a poor medical history.  A good medical history is the starting point to good medical care.  How many of us have been to the doctor only to have the doctor meet with us for less than two minutes.  Problems occur because doctors don’t spend enough time with the patient listening to the patient, and learning about the patient’s past medical history.   Also, sometimes, the patient has explained the history to the nurse, and the doctor fails to read the nurses notes carefully.   Sometimes, medical malpractice cases occur because the doctor does not listen to the patient telling the story.  Other times, the doctor does not take good notes of the history, or their handwriting is simply not readable.  

Medical malpractice lawsuits | Misdiagnosis of a condition | Involving a poor physical evaluation.

            Medical malpractice lawsuits from a misdiagnosis of a condition can occur when the doctor fails to conduct a physical examination of the patient, when the doctor misses something in the physical examination, or forgets to record something from the physical examination.

            Taking a good physical exam takes time because not only does the doctor have to physically touch, and examine the patient, but the doctor also has to listen to the patient describe how they feel during the examination. 

Medical malpractice lawsuits | Misdiagnosis of a condition | Involving not running the correct test, or misinterpreting the test results.  

            Medical malpractice lawsuits from the misdiagnosis of a condition can involve testing errors.  There are many tests that can be performed to help doctors make the proper diagnosis.  These tests include tests such as blood tests, MRIs, CT scans, EKGs, non-stress tests during pregnancy, and many other tests.  When a doctor does not order a test or reads the test improperly, the patient does not receive the benefit of the test, which can lead to a dangerous misdiagnosis.    

Medical malpractice lawsuits | Misdiagnosis of a condition | Drug errors in a misdiagnosis case. 

            Medical malpractice lawsuits from the misdiagnosis of a condition can occur due to drug errors.   In some instances a doctor can make a diagnosis by prescribing certain drugs, and observing the reaction to the patient from those drugs.  For example, assume a patient is in Hartford Connecticut, and the patient is having chest pain and it being treated in the emergency room at Hartford Hospital.   If the doctor suspects that the patient has a bad case of indigestion, and then the doctor tries medication for the indigestion, and it does not work to cure the pain, then that is an indication that something more serious might be occurring.   What if the patient is sent home to their home in West Hartford, Connecticut, and they end up with a heart attack?  That might be a clear case of medical malpractice by not doing further testing or a proper workup of the patient. 

Examples of misdiagnosis medical malpractice cases that we can handle at The Bartinik Law Firm, P.C.

Failure to diagnose cancer cases can be medical malpractice.  A delay in treatment can lead to serious injury or death.   Many cancers can be treated if they are picked up early.  If not, then that is medical malpractice.

Failure to diagnose a heart attack leads to medical malpractice.   There are signs of a heart attack, and if treatment can be obtained, serious injury can be avoided.  When a person is sent home from the emergency room, or other medical office with chest pain or other signs, and if a heart attack is not ruled out then that is medical malpractice.

Failure to diagnose meningitis can be medical malpractice. 

Failure to diagnose appendicitis can be medical malpractice.   This can lead to a burst appendix, infections, and serious complications. 

Failure to diagnose etopic pregnancy can be medical malpractice.

Failure to diagnose broken bones can also be medical malpractice.  When the doctor fails to read a film, and the broken bone diagnosis is missed, the bone can heal in the wrong place leading to permanent injuries.

Where to Get Help.

For help, contact The Bartinik Law Firm, P.C. 100 Fort Hill Road, Groton, Connecticut at 860-445-8521 or toll free at 888-717-4211.   We have our main office in Groton, Connecticut, and satellite offices in East Berlin, Connecticut, and Shelton, Connecticut.   We handle cases in Connecticut and Rhode Island.


Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut