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We place a great deal of faith in our doctors and other medical professionals who administer the treatment we need. Unfortunately, some providers fall short of the standard of care that is expected of them, putting patients’ health and safety at risk. If you or a loved one has suffered an injury due to a medical error or negligence, you may be entitled to pursue a medical malpractice claim for damages. Contact Loughlin FitzGerald, P.C. to schedule a free case evaluation today.
Medical professionals are required to maintain established standards of care to keep their patients reasonably safe. When practitioners fall short of these standards, either knowingly or accidentally, the patient can suffer the consequences. If a violation of the standard of care results in patient injury or death, it is medical malpractice.
In Connecticut, an injured patient or a deceased patient’s family members can file a medical malpractice lawsuit in pursuit of financial compensation for this type of wrongdoing. A medical malpractice lawsuit is a type of civil claim filed to make an injured victim whole again. A successful civil lawsuit can pay a patient for his or her related damages and hold a negligent practitioner accountable.
Patients commonly need assistance in pursuing compensation for the following types of medical malpractice:
Thousands of mistakes are made on a yearly basis by healthcare providers, either adding to or unnecessarily prolonging patients’ suffering from illnesses, injuries, and disabilities.
Medical malpractice is a negligence claim, falling under a larger category of tort law. Negligence claims are based on the premise that in certain situations, people owe others a duty of care. When the standard of care is deviated from, the negligent party can be held accountable for any resulting injuries. Successfully obtaining compensation in a medical malpractice case, will involve the following:
The patient must first connect their injuries to be a direct result of substandard care. The patient must have suffered tangible or intangible losses connected to the defendant’s failure to uphold the required standards of patient care.
The victim must prove to the court that he or she was under the care of the liable healthcare provider. If a doctor-patient relationship did not exist at the time of the alleged malpractice, the doctor did not owe the victim a duty of care. For example, asking a friend who is a doctor for advice at a cocktail party is not the same as being that doctor’s patient.
The patient must show that the medical provider did not provide treatment that was in accordance with reasonable professional standards. This may take evidence such as testimony from a medical expert in the same field as the defendant establishing the standards of care that the defendant should have used under the circumstances.
Additionally, it must be proven that this negligence was directly responsible for the victim’s injuries. If the patient would have suffered the same outcome regardless of the doctor’s actions, such as a patient with terminal cancer, that patient may not have grounds to file a lawsuit.
The final step is proving financial losses, by determining the amount of monetary compensation that is due to the patient. The patient must have specific and compensable losses to claim in relation to the alleged malpractice, such as a physical injury or illness, additional medical bills, or pain and suffering.
In Connecticut, the plaintiff’s attorney must file a certification along with the initial medical malpractice lawsuit. This certification is a piece of paperwork confirming that there are grounds for a good-faith belief that the defendant was negligent in the care or treatment of the patient. The certification must be signed by a medical expert in a field or position that is relevant to the claim in question.
A New Haven medical malpractice claim must generally be filed within two years after the incident or from when the injury should have reasonably been discovered. This period of time, known as the statute of limitations, is determined by state law. If the patient does not discover his or her injuries right away, such as in a case involving a retained foreign object, an exception known as the discovery rule gives the patient two years from the date that the patient discovered or reasonably should have discovered the injury.
However, due to there being a statute of repose in Connecticut, victims have an absolute deadline of three years for legal action. This is regardless of when the injury is discovered. After this period of time has passed, victims’ rights to filing a claim are barred. The same deadlines apply even to minor children who are injured by medical malpractice. In this way, Connecticut is unique from most states, as most states don’t start the clock until the child’s 18th birthday.
At Loughlin FitzGerald, P.C., we know that no dollar amount will ever make up for your serious injuries. However, we hope that a successful settlement or judgment award in a medical malpractice lawsuit in New Haven can allow your family to pay the bills and move forward with greater peace of mind. We can help you pursue fair and full financial compensation for all of the losses you suffered in relation to medical malpractice, including:
The value of each medical malpractice case is unique. How much your claim is worth will depend on factors such as the severity of your injuries, whether or not you will make a full recovery, your age and income, your overall health, the amount of insurance coverage available, and more. Our attorneys can accurately evaluate your medical malpractice case. Then, we can negotiate with an insurance company on your behalf to fight for the financial compensation that you deserve.
Loughlin FitzGerald, P.C. has the necessary experience to help you hold a healthcare provider liable for injuries you or a loved one suffered as the result of receiving substandard medical care. Call (203) 265-2035 and schedule a free case evaluation today.