If you believe you have a medical malpractice claim, it is very likely that you suffered dramatic injuries caused by the negligence of a healthcare provider. This litigation type can often be extremely nuanced and the complexities of these cases often require the experience and skill of legal counsel. If you have become a victim due to medical malpractice, it is important to know that you only have a limited time in which to file your claim, and our Connecticut medical malpractice lawyer can help.
The experienced personal injury attorneys at Aeton Law in Connecticut can give you advice on the laws that apply to these cases that are tuned to the details relating to your claim and whether the claim has the required merits so that you can file it in court.
- 1 What Is Medical Malpractice?
- 2 How Do I Know If I Have A Medical Malpractice Claim?
- 3 Who Can I Hold Liable In My Medical Malpractice Case?
- 4 What Type Of Damages Can I Pursue From A Medical Malpractice Claim In Connecticut?
- 5 What Is The Statute Of Limitations For Medical Malpractice Claims In Connecticut?
- 6 How Can A Connecticut Attorney Help With Your Medical Malpractice Claim?
- 7 How Much Will It Cost Me To Hire A Medical Malpractice Attorney In Connecticut?
- 8 Contact A Medical Malpractice Attorney In Connecticut
What Is Medical Malpractice?
Medical malpractice is something that happens when healthcare providers or professionals have neglected to provide the appropriate treatment, have omitted to take appropriate action, or have provided substandard treatment which has resulted in injury, harm, or death to the patient.
Negligence or malpractice typically involves medical errors. This could include diagnosis, treatment, health management, medication dosage, or aftercare.
Medical malpractice law is what has made it possible for a patient to recover compensation for any harm that has resulted from substandard treatment.
How Do I Know If I Have A Medical Malpractice Claim?
Medical malpractice involves four specific elements which include a duty of care, breaching of that duty, injury that the breach has caused, and damages. When pursuing claims relating to a medical error, you are required to establish all these elements.
Professional Duty Owed To A Patient
Each medical malpractice case will start with identifying the professional “duty of care” owed to a patient. Malpractice claims can only become successful once the patient is able to establish that the healthcare provider owes them this duty.
Breach Of That Duty
The next element involving medical malpractice involves proving this professional duty has been breached. This is usually the most problematic aspect involved in malpractice litigation since the healthcare provider might vehemently deny that they have made a mistake.
Causal Link Between Breach And Injury
When medical malpractice has occurred, the doctor can only be held liable for the injuries that are linked directly to the healthcare provider breaching their professional duty. This usually means illnesses or injuries that have stemmed from this type of negligence could make the doctor liable when it comes to your compensation.
You will also be required to demonstrate that the medical illness or injury you have sustained has now resulted in something known as compensable damages. This will mean that your injuries have resulted in expenses and losses. In most cases, medical negligence might mean that you have to seek further medical attention, which not only addresses the new issue but also deals with the condition you had originally.
Who Can I Hold Liable In My Medical Malpractice Case?
When it comes to medical malpractice, here is a list of the parties that could be held liable in a claim:
- Pharmaceutical Companies
- Other Healthcare Professionals
What Type Of Damages Can I Pursue From A Medical Malpractice Claim In Connecticut?
The damage awards that you might receive in Connecticut are typically classified into two types. These include compensatory damages which are aimed at placing you in a position that you should be in if the injury had not occurred since they are supposed to reward you compensation for your injuries.
Compensatory damages are typically split into non-economic damages and economic damages. Economic damages are designed to reimburse a person for out-of-pocket expenses that are easy to account for. These often include:
- Medical bills
- Hospital stays
- Prescription fees
- Physical therapy costs
- Nursing costs
- Loss of income if you had to take time off work
Non-economic damages are designed to reward compensation for occurrences that are harder to value properly. Examples of these include:
- Future medical costs
- Pain and suffering
- Loss of future income
- Loss of enjoyment of life
- Loss of consortium
In extremely rare cases, a medical malpractice case can extend beyond negligence when it involves malicious intent or excessively reckless behavior. With these types of litigation, the court might seek to punish a defendant further to hopefully prevent a similar problem from occurring again. Punitive damages might be worth going after, depending on unique circumstances relating to the injured party.
What Is The Statute Of Limitations For Medical Malpractice Claims In Connecticut?
In Connecticut, the law mandates that actions for personal injuries have to be filed in a period of two years (from the date the cause of action occurred). This is known as the statute of limitations.
How Can A Connecticut Attorney Help With Your Medical Malpractice Claim?
A medical malpractice claim against a doctor or any other medical professional in Connecticut is subjected to specific legal procedures. Before you can file a lawsuit, your lawyer has to conduct a “reasonable inquiry” to establish whether there is enough evidence to pursue such a claim.
Legal action relating to medical malpractice has to rely on “a good faith belief” that you have suffered an injury caused by medical malpractice. The “good faith certificate” must be included in your initial complaint.
Aeton Law in Connecticut has a team of excellent layers that will help you with the following steps when suing your doctor or any other health professional for medical negligence or malpractice:
- Collecting medical evidence
- Consulting or interviewing expert witnesses
- Accurately calculating the damages relating to your claim for medical malpractice
- Negotiating a settlement
- If a fair settlement cannot be reached, your lawyer will represent your case in court
How Much Will It Cost Me To Hire A Medical Malpractice Attorney In Connecticut?
Many Connecticut medical malpractice lawyers charge clients a contingency fee. The lawyers that work on a contingency fee basis will not charge any up-front fees. The attorneys at Aeton Law work on contingency, which means they only take their money once a court awards a settlement.
Contact A Medical Malpractice Attorney In Connecticut
If you believe you have reason to pursue a claim for medical malpractice, you need a medical malpractice law firm on your side to assist you in recovering the compensation that you deserve for your damages. At Aeton Law, our legal experts believe that patients should be holding healthcare professionals liable for injuries that are caused when they are negligent. For a complimentary evaluation of your case, call us at (860) 785-2099 . At your initial consultation, our lawyers will explain the legal options available to you and how to choose the best path forward.