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Medical Malpractice On Monday, June 2, 2025
You want to believe you can trust your healthcare providers. After all, they make critical decisions about your health and well-being. Unfortunately, incidents can occur that can endanger the lives of patients. If you are a victim of medical malpractice, it’s important to know what to do to hold the healthcare provider responsible. You may be wondering, “Is it hard to win a medical malpractice case in Connecticut?”
The short answer: It can be challenging, but it’s entirely possible. It’s important to have the right information and resources on your side when you file a medical malpractice claim, which is why it is highly recommended to work with a local medical malpractice lawyer. It can be helpful to understand the complexities of medical malpractice cases so you are prepared for what to expect.
From 2019 to 2023, there were a total of 2,387 closed medical malpractice claims in the state. Of these claims, 1,294 were in favor of the plaintiff and 1,093 for the defendant.
In 2024, a total of $88,036,000 was awarded in medical malpractice settlements throughout the state. The average payout for these claims was approximately $628,828.
The amount you may be awarded ultimately depends on the severity of the situation and the strength of the evidence you provide to support your claims. It’s almost guaranteed that the healthcare provider you’re filing against has solid legal counsel and is ready to handle your claim. This is why it is crucial to work with your own Connecticut medical malpractice lawyer.
Medical malpractice cases are considered to be among the most difficult and expensive personal injury actions. For starters, businesses and practitioners in the medical field are bound to have quality legal representation on hand that is prepared to find any weaknesses in your claim. You must have solid evidence and records of your experience to support your claims, and even then, the process can be difficult.
Furthermore, Connecticut law includes a “reasonable inquiry” certification requirement, which essentially means that a plaintiff must show additional research before they can file their claim. You essentially must declare that, based on reasonable inquiry, you have a good faith belief that grounds exist for the claim against each party because the provider was negligent in your medical care.
You must also include an expert’s opinion that your injuries were due to medical negligence with this certificate. This must be a detailed document supporting the basis for the opinion.
Medical malpractice can typically result in one of two claims: a personal injury claim or a wrongful death claim. If you were injured or became ill due to medical negligence, you may have grounds to file a medical malpractice claim so long as you do so within two years of the incident or from when you discovered the injury, but there is an absolute deadline of three years.
In Connecticut, the executor of a victim’s estate can file a wrongful death claim within two years of their death to recover damages on behalf of surviving family members, with a five-year absolute deadline if, for example, someone died years after the injury occurred. The decedent’s spouse may also be able to file a separate claim for loss of consortium.
A: Your odds of winning a medical malpractice case hinge on the strength of the evidence you present to support your claim. Successfully recovering compensation from this type of claim can be challenging to do on your own.
In fact, in eight of 10 cases that go to trial, the physician ends up winning. An exceptional Connecticut medical malpractice lawyer can greatly increase your chances of success by using their legal knowledge and resources to bolster your claim with compelling evidence and facts.
A: In 2023, 78 percent of reported medical malpractice claims were settled before trial in Connecticut. This tends to occur for these types of claims and most other personal injury claims, as well. However, it is entirely possible for a medical malpractice claim to enter litigation if you are unable to reach a settlement agreement through negotiations or arbitration.
A: Medical malpractice claims typically involve a breach of duty of care or negligence on behalf of a healthcare provider. In order to prove medical malpractice, you must prove that the provider owed you a duty of care, that they did not live up to that expectation, and that their breach of this duty of care caused you some form of harm. This requires documenting your experience and gathering evidence to support your claim.
A: You’re not required to work with a medical malpractice lawyer when you file a claim in Connecticut, but it is highly recommended that you do. Medical malpractice claims can be difficult to prove without a strong case backed by evidence.
The healthcare provider you are filing against is going to have legal representation, so it is wise for you to be represented as well. Your attorney can skillfully negotiate on your behalf and confidently represent you in court if your case enters litigation.
Filing a medical malpractice claim can seem like a daunting task, but having the right legal support can make all the difference. While it’s possible to file on your own, a knowledgeable Connecticut medical malpractice lawyer can apply their experience and access to legal resources to build a strong case so you can obtain the settlement you deserve.
Our attorneys at Loughlin FitzGerald, P.C. bring decades of combined experience to the table that we’re ready to put to work for you. If you are ready to learn more about our services, contact us to schedule an appointment with a team member today.
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