We trust the professionals in the healthcare industry because of their knowledge, expertise, and specialized training. But when a medical professional makes a serious mistake despite his/her expertise and extensive training, the consequences can be life-threatening at times. That’s when you need a highly qualified and experienced New Haven medical malpractice lawyer.
When you or someone in your family is injured due to the mistake of a healthcare provider, Connecticut law lets you file a medical malpractice case to claim compensation for your injuries or losses. Proving a medical malpractice case isn’t easy at all. It involves a complex process where you need to get medical experts to testify on your behalf to win the necessary compensation. Handling such a case on your own isn’t the best thing to do.
You should always rely on a highly qualified and experienced medical malpractice lawyer at Aeton Law to present your case and claim maximum compensation. Our attorneys have years of experience in investigating and handling serious personal injury and wrongful death cases. We work with experts from across the country to support your case and get you the compensation you deserve. Call us today at 860-785-2099 for a free consultation.
- 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 New Haven Medical Malpractice Lawyer Help My Claim?
- 7 How Much Will It Cost to Hire a Medical Malpractice Lawyer?
- 8 Contact Aeton Law Partners Today
What Is Medical Malpractice?
Medical malpractice occurs when a patient is harmed by a healthcare provider or medical professional in the medical industry. When a medical professional fails to competently perform his/her medical duties, it constitutes a medical malpractice case.
Patients can file a medical malpractice claim if the healthcare professional neglects to provide appropriate treatment, provides substandard treatments that result in harm, or omits to take appropriate action. In fact, malpractice/negligence usually involves a medical error such as medication dosage, diagnosis, treatment, health management, or aftercare issues. The latest statistics reveal that there are between 15,000 to 19,000 medical malpractice cases against doctors in the United States every year.
A doctor, hospital, nursing home, or other healthcare professional is expected to provide a certain standard of care to his/her patients. The medical professional is legally responsible for any harm caused to the patient if the health care provider deviated from the quality of care that is expected under such circumstances. There are different types of medical malpractice and errors such as:
- Failure to diagnose or misdiagnose
- Premature discharge
- Incorrect or unnecessary surgery
- Not following up
- Failure to order appropriate tests or take necessary action on test results
- Operating on the wrong part of the patient’s body
- Leaving certain items inside the body of the patient after an operation
- Prescribing the wrong medication or wrong dosage
- The patient complains of persistent pain after an operation
- Bedsores and pressure ulcers due to the negligence of nursing home staff
- Fatal infections acquired while the patient is in the hospital or nursing home
- Fires in the hospital or nursing home
- Patients committing suicide while in the care of the medical staff
When the patient doesn’t give consent to a medical procedure, the medical professional or healthcare provider can be held responsible if the procedure results in harm or injury to the patient. This is true even if the said procedure was carried out perfectly. For example, if a patient has a 30% chance of losing a limb after an operation and the doctor didn’t inform the patient, the doctor becomes liable if the patient loses a limb during the operation. The patient may have chosen not to go ahead with the operation had he/she been informed of the risk involved.
A medical malpractice case involves a plaintiff and a defendant. The plaintiff is the person who files the case. He or she can be the patient or a legally-designated person who acts on behalf of the patient. The defendant is the person who is being sued. It could be a doctor, nurse, therapist, or any other healthcare provider.
How Do You Know You Have A Medical Malpractice Claim?
To prove a medical malpractice case in New Haven, Connecticut, the plaintiff should be able to show all of these things.
A patient-doctor relationship existed
The plaintiff should prove that he or she had a doctor-patient relationship with the healthcare provider that he or she plans to sue. In fact, the patient should show that he or she hired the doctor and was treated by the doctor. This type of question will mostly arise if the doctor didn’t treat you directly.
The healthcare provider was negligent
Just because a patient is unsatisfied with the treatment or results he/she received, it doesn’t mean the doctor is liable for medical malpractice. In fact, the healthcare provider must have been negligent when diagnosing or treating your condition for such a case to exist. You need to show the judge or jury that the healthcare provider caused you harm in a way that a competent doctor would not have in similar circumstances.
The doctor should provide reasonable care when diagnosing and treating his/her patients. In fact, medical malpractice usually revolves around whether the particular doctor or healthcare provider was reasonably skillful and careful when diagnosing or treating the patient. The patient should get a medical expert to testify on the appropriate medical standard of care to prove the negligence of the particular doctor or healthcare provider.
The healthcare provider’s negligence caused the injury
Medical malpractice cases mostly involve patients who are already sick or injured. Hence, the question arises whether the doctor’s actions were responsible for causing harm to the patient. You must prove that the doctor’s negligence or incompetence was what caused your injuries. You should work with a professional New Haven medical malpractice lawyer at Aeton Law to prove the negligence of the medical professional to obtain maximum compensation for your condition.
The injuries led to specific damages
Even if the doctor was incompetent or negligent, the patient cannot sue the professional if no harm was caused to him/her. To sue, the patient needs to have suffered physical pain, additional medical bills, mental anguish, or lost income because of the injuries caused by the incompetence of the healthcare provider.
Who Can Be Held Liable in a Medical Malpractice Case?
Medical malpractice lawsuits are quite complex and involve several parties. Doctors, nurses, pharmaceutical companies, hospitals, nursing homes, and any other party that provides healthcare services can be held liable in such a case. Most doctors are independent contractors rather than direct hospital employees. Hence, legal action should be brought directly against the doctor. Determining whether a doctor is liable in your medical malpractice case is quite difficult and may depend on the specifics of your situation.
Licensed healthcare providers include nurses, physician’s assistants, and nurse practitioners. These professionals are usually employed by the hospital or nursing home. Hence, the individual or institution can be held responsible in a medical malpractice case against them. Public and private hospitals can be held responsible in a medical malpractice case for their own negligence or the negligence of the staff members.
There are times when hospitals and nursing homes are held liable for a nonemployee’s actions or for giving staff privileges to nonemployees. On the other hand, a hospital needs to have adequate staff on duty at any given time. The hospital can be held liable for patient injuries that take place due to staff shortages.
Pharmacists and pharmaceutical companies can be held liable for medical malpractice at times. If a pharmaceutical company fails to warn physicians about the side effects of a particular drug and the drug causes injuries to the patient, the pharmaceutical company can be held responsible for medical malpractice. But if the pharmaceutical company informs the physician about the potential side effects and the physician doesn’t inform the patient, the company isn’t responsible.
What Damages Can I Get From A Connecticut Medical Malpractice Claim?
There are two main types of damages that you may receive in a Connecticut medical malpractice lawsuit – compensatory and punitive damages. Also, compensatory damages are split into two categories: economic and non-economic damages.
- Economic damages are easy to calculate and include prescription fees, medical bills, physical therapy costs, nursing costs, and income lost from an inability to work.
- Non-economic damages are difficult to calculate and include loss of consortium, pain, suffering, loss of quality of life, future medical costs, and loss of future wags.
Punitive damages are intended to punish the defendant. The plaintiff should meet the burden of proof before the court may consider a punitive damage award. The plaintiff should prove that the defendant showed a reckless indifference to his/her rights to claim punitive damages.
What Is Connecticut’s Statute of Limitations for Medical Malpractice Claims?
Connecticut has a statute of limitations after which a medical malpractice lawsuit cannot be initiated. The plaintiff has two years from the date when the injury was first discovered to file his/her medical malpractice claim. But the state only allows you to file a lawsuit within three years of when the defendant committed malpractice. In other words, you only have an extra year to discover you were harmed.
How Can a New Haven Medical Malpractice Lawyer Help My Claim?
Trying to prove a medical malpractice case on your own isn’t the best thing to do. There are so many things to take care of when filing such a case. That’s where you need a highly skilled medical malpractice lawyer to assist you. A professional medical malpractice lawyer at Aeton Law will help you with the following:
Investigating a medical malpractice lawsuit is quite a complex process. You need medical experts to testify on your behalf to prove certain standards in the medical industry. Your lawyer has the experience and the necessary influence to get medical experts to testify on your behalf.
You know how frustrating legal jargon can be. In a medical malpractice lawsuit, one needs to prepare, review, and respond to a never-ending stream of paperwork. Our attorneys will handle the documentation so you can focus on your recovery.
Negotiating with the insurance company of the defendant is no easy task. The insurance provider will always try to pressure the plaintiff to settle for lower compensation. An experienced medical malpractice lawyer knows how to negotiate with insurance companies to get the maximum compensation for his/her client.
Representation in Court
If the insurance provider is not willing to compensate the plaintiff adequately, our lawyers can take the case to trial and aggressively represent you.
How Much Will It Cost to Hire a Medical Malpractice Lawyer?
You don’t have to pay anything to hire a medical malpractice lawyer at Aeton Law. We work on a contingency fee basis. You pay us only if we win your case.
Contact Aeton Law Partners Today
When you or your loved one is injured due to the negligence of a healthcare provider, you are entitled to claim compensation for your damages. Medical malpractice lawsuits are complicated, and proving fault can be difficult. You need an experienced attorney on your side.