When you visit a healthcare facility or doctor, you expect to receive the highest quality of care needed to ensure that you stay healthy. In most instances, your trust in the healthcare facility or doctor is validated by the quality of treatment you receive. In other instances, however, medical facilities and/or the healthcare professionals that work for them fail to uphold their duty of providing quality care. When negligent care or careless error from a healthcare facility or professional results in an injury, that constitutes medical malpractice, and you could be entitled, with the help of a Middletown medical malpractice lawyer, to recover compensation for your damages.
If you or a loved one has sustained severe injuries at the hands of hospitals, doctors, nurses, or other healthcare professionals, you may have a valid medical malpractice lawsuit. You could be entitled to compensation for your damages. Contact Aeton Law today at 860-785-2099 or via the online contact form provided to schedule your free, no-obligation consultation with an experienced personal injury lawyer to determine the most appropriate course of action.
- 1 What is Medical Malpractice?
- 2 How Do You Know You Have a Medical Malpractice Claim?
- 3 Who Can be Held Liable in a Medical Malpractice Case?
- 4 What Damages Can I Get from a Connecticut Medical Malpractice Claim?
- 5 What Is Connecticut’s Statute of Limitations for Medical Malpractice Claims?
- 6 How Can a Middletown Medical Malpractice Lawyer Help My Claim?
- 7 How Much Will It Cost to Hire a Medical Malpractice Lawyer?
- 8 Final Thoughts
What is Medical Malpractice?
Medical malpractice refers to professional negligence by a healthcare provider or professional in which the treatment that’s provided is substandard, resulted in an injury, caused harm, or results in the death of a patient.
Medical malpractice or negligence typically involves a medical error, possibly in medication dosage, diagnosis, treatment, health management, or aftercare. The error may also have occurred due to something the healthcare provider or professional failed to do, which is known as an act of omission.
How Do You Know You Have a Medical Malpractice Claim?
Here are some of the most important standards that have to be met before your medical malpractice claim can be considered valid. If you are the patient that files a medical malpractice claim or lawsuit, you are the plaintiff, and will be required to prove the following:
Doctor-Patient Relationship (Duty of Care)
You will be required to show that a relationship existed between you and the healthcare provider or professional in the form of hiring or otherwise contracting their services. Such services can only take place within their realm of employment such as a private practice or hospital. The healthcare provider and/or provider had a legal duty of care to provide quality care to their patients.
Negligence (Breach of Duty of Care)
Healthcare providers and professionals are required to perform to a certain standard established by the medical community. So, they have a legal obligation to provide you with a service that’s consistent with those standards. A breach of that duty is a negligent act or failure to act, which ends up causing serious injuries or even death.
You will also be required to show that it is “more likely than not” that the incompetence of the healthcare provider and/or professional directly caused your injury. It can be difficult to prove this if you were already sick or injured before going to the healthcare provider or professionals.
Documents, statements from other healthcare providers and professionals, and other medical treatments are frequently used to show the relationship between your injury and the healthcare provider’s or professional’s negligence.
The injury caused directly by the healthcare provider/professional’s negligence must have resulted in economic and non-economic damages. Economic damages are the objectively verifiable monetary losses, such as loss of employment or business opportunities, loss of past and future earnings, past and future medical expenses, etc. Non-economic damages, on the other hand, tend to be more subjective and include emotional distress, pain and suffering, loss of enjoyment of life, etc.
Who Can be Held Liable in a Medical Malpractice Case?
The following entities can be held legally liable in medical malpractice cases:
Doctors perform many different functions in the medical field, which means there are numerous opportunities for them to make errors. If a doctor fails to diagnose a serious illness accurately or provides a misdiagnosis, valuable treatment time can be lost and you may even undergo painful treatments for diseases you never had.
A doctor may also neglect to order appropriate and potentially life-saving tests for patients, or fail to provide patients with adequate resources and information regarding your condition and how it is treated. In some facilities, a doctor may even be held liable for the actions of other medical staff such as nurses working under them.
Hospitals are corporations that can be either private or public entities. When it comes to medical malpractice cases, hospitals can be held liable for their own negligence, or even “vicariously” liable for their employees’ negligent actions. Vicarious liability means that a party is held liable not just for their own negligence, but also for another party’s negligence.
Pharmaceutical companies have the legal obligation to inform doctors of all the dangers associated with a particular drug. That’s why, in some situations, a pharmaceutical company can be held liable for the injuries sustained by a patient if they did not inform doctors of the potential side effects of a drug.
It is important, however, to note that since the pharmaceutical company’s primary duty of care is to doctors, they might not be liable for injuries sustained by patients provided that they properly informed the doctor of the possible side effects of the drug.
Other Healthcare Professionals
Medical negligence is not limited to doctors. Other healthcare professionals too can be held responsible including nurses, radiologists, obstetricians, anesthesiologists, pharmacists, surgeons, oncologists, and more. Multiple parties may even share the blame for the error in certain instances.
What Damages Can I Get from a Connecticut Medical Malpractice Claim?
You can get 3 types of damages from Middletown, Connecticut, medical malpractice claims:
Economic damages are typically awarded as compensation for the monetary losses and expenses incurred due to your injuries. Such damages are calculable and can be proven by receipts, paperwork, and other kinds of documentation and usually require little to no testifying. Examples include:
- Past, current, and future medical expenses for the treatment of injuries
- Loss of earnings due to the inability to work
- Cost of domestic services such as medical equipment of in-home care
Non-economic damages are typically awarded as compensation for the non-monetary expenses suffered or will be incurred due to the injuries. Such damages aren’t as easy to calculate and are generally determined by expert witnesses that testify. Examples include:
- Mental distress and suffering
- Loss of consortium
- Permanent impairment or loss of function
- Physical pain and suffering
Punitive damages are separate from economic and non-economic damages and they seek to specifically punish the healthcare provider or professional for their actions. They are typically awarded in rare cases that involve malicious or intentional actions or the reckless indifference for others’ rights. While they might be rare in medical malpractice cases, they are still awarded. In Connecticut, punitive damages are only limited to the costs of litigation and lawyer’s fees.
What Is Connecticut’s Statute of Limitations for Medical Malpractice Claims?
Every state has a very specific deadline when it comes to filing medical malpractice lawsuits. These deadlines are referred to as the statute of limitations. In Connecticut, the statute of limitations for medical malpractice is generally 2 years, but there are exceptions.
If you are dealing with a state institution or medical provider, there’s a 1-year notification period. Sometimes, however, there are reasonable extensions that you can actually get if you file within the 2-year period provided under the law.
How Can a Middletown Medical Malpractice Lawyer Help My Claim?
If you or a loved one are the victim of medical negligence that results in injuries or even death and believe that you have valid legal grounds to file such as case, you will want to hire a lawyer such as those at Aeton Law to help you out in the following ways:
The first thing we at Aeton Law do after taking on a new medical malpractice claim is to undertake a detailed, comprehensive preliminary investigation. We get in touch with all the hospitals, doctors, and other healthcare providers directly or indirectly related to the alleged malpractice. If necessary, we undertake extensive research in the medical literature regarding the issues involved in medical care.
Once we have concluded our investigations, we move to the next phase, which is documentation. Here, we will request all information, evidence, and related documentation from the parties involved in an attempt to gather facts and build our case. We may even hire expert medical witnesses to consult on the case and advise us on the merits of the medical negligence complaint.
Medical malpractice lawsuits almost always don’t go to trial. In fact, the overwhelming majority of them (over 90 percent) of them actually settle out of court, and for good reason. Neither party wants to go to court, because it is time-consuming, expensive, and outcomes are not always guaranteed.
It is usually only the cases where both sides are unable to agree on a settlement that go to trial and even then, it is usually the last option. Still, of the medical malpractice cases that end up in trial, most result in verdicts for the defense.
Aeton Law has participated in numerous settlement negotiations and we know that it is usually the best option to have medical malpractice cases resolved faster and much less expensively than trials, and with far less stress on you and your family.
Representation in Court
If we are unable to reach a settlement with the defense, we take the case to trial. We make arrangements for expert witnesses to testify at trial. We spend numerous hours preparing exhibits, opening statements, visual aids, questions for witnesses and closing arguments.
We cannot guarantee the outcome of a jury trial. In fact, no lawyer can. It is impossible for any lawyer to predict what a jury may decide after the case is tried. However, thorough, careful preparation by our experienced attorneys produces the greatest likelihood of a successful trial outcome.
While no lawyer can ever guarantee the outcome of a case that goes to trial, we do everything possible and within the law and canons of ethics to provide our clients the best legal representation.
How Much Will It Cost to Hire a Medical Malpractice Lawyer?
Medical malpractice lawsuits are usually some of the most expensive types of personal injury cases to represent since they require in-depth investigations and the expertise of medical professionals. However, the accomplished personal injury law firm, Aeton Law has the resources needed to handle such cases.
We work on a contingency fee basis, which means that you don’t have to worry about how much it costs to hire medical malpractice lawyers. We cover all the expenses associated with filing, negotiating and trying your case at no cost to you. You will pay nothing unless we recover compensation for you, and even then, we will only charge you a percentage of your recovery.
Medical malpractice lawsuits are usually complicated, particularly when it comes to determining liability that requires years of legal experience to understand. However, you should not let the red tape involved in such cases dissuade you from filing a claim.
Instead, you should consider seeking competent legal counsel to help in navigating your case. Working with a lawyer that’s experienced in medical malpractice law such as Aeton Law can lighten the burden of filing significantly.
If you or a loved one have been injured due to medical malpractice, you need to get in touch with the medical malpractice lawyers at Aeton Law in Middletown, Connecticut. We can help you determine who is at fault and help you get the compensation you are rightfully entitled to.
Call Aeton law at 860-785-2099 today or fill out the online contact form for your free, no-obligation, consultation and case evaluation with one of our medical malpractice lawyers. We eagerly await to hear from you.