Submitted by Paul McConnell on
Did you lose a loved one or sustain a life-altering injury due to a medical practitioner’s negligence and would like to know if you can take legal action? In Connecticut, injured parties can bring malpractice claims against licensed healthcare professionals such as hospitals, medical doctors, physician assistants, or nurses. A medical malpractice claim is a form of civil action seeking compensation from a medical professional who acted negligently and caused significant injury.
Under Connecticut law, you have two years from the injury date to file a medical malpractice claim, though exceptions to this rule exist. When this deadline passes, you can no longer bring the lawsuit.
At The Doctor Lawyer Team, our medical malpractice lawyers can help you navigate the complex Connecticut medical malpractice laws. We are a veteran-owned personal injury law firm that combines legal and medical expertise to deliver results.
Continue reading as we provide more information on filing a medical malpractice claim in Connecticut, and then call us today to schedule your free consultation.
What Is Medical Malpractice?
Medical malpractice is when a healthcare professional is negligent while providing a service, and as a result, the patient suffers a consequent injury or death.
Legally, a healthcare provider’s actions can constitute medical malpractice when they violate the standard of care that a reasonable professional should have maintained under similar circumstances. Common examples of medical malpractice include:
- Failing to make a diagnosis of an existing condition or misdiagnosing the condition
- Ignoring or misinterpreting laboratory results
- Conducting unnecessary surgery or making surgical errors
- Prescribing incorrect medication or dosages
- Failing to provide sufficient follow-up care
- Discharging a patient prematurely
- Disregarding a patient’s medical history
Any of these violations, as well as others, can comprise medical malpractice if they cause the patient injury and significant damages.
What Is the First Step in Pursuing a Medical Malpractice Claim?
Before filing a medical malpractice claim, Connecticut law requires a “reasonable inquiry” by you or your attorney. This inquiry is necessary to determine if you have a good faith reason to believe that the healthcare provider was medically negligent.
You must demonstrate good faith belief by getting a written opinion from a healthcare provider in the same medical discipline as the accused healthcare provider (defendant).
After obtaining a written opinion that evidence of medical negligence appears to exist, your attorney will attach a certificate of good faith by a professional that corresponds to the specific allegations in your complaint. The certificate is evidence that you made a reasonable inquiry and that grounds for an action against the defendant exist.
The reasonable inquiry and good faith certificate requirements discourage unfounded claims against healthcare providers. Your medical malpractice lawyer can help you take these steps before filing a claim. Importantly, our in-house medical doctor can ascertain the merits of your case before engaging outside professionals. Moreover, our in-house medical doctor has numerous professional contacts to consult with as it relates to your prospective case.
What Must You Demonstrate in a Medical Malpractice Case?
A medical malpractice claim must demonstrate the following to be successful:
- While treating the injured party (plaintiff), the defendant had a duty to maintain a standard of care that the medical community widely accepts.
- The defendant breached this standard of care through negligence.
- The plaintiff suffered significant injuries.
- The defendant’s negligence caused the plaintiff’s injuries.
It is important to understand that a satisfactory outcome is not guaranteed when receiving medical treatment. Sustaining an injury or health issue is, by itself, not evidence of medical malpractice. The question is whether the poor medical outcome is due to the defendant’s failure to adhere to a standard of care.
Establishing the standard of care requirement can be challenging and might require the expert testimony of various healthcare providers.
Why Do You Need a Lawyer for a Medical Malpractice Case?
Filing a medical malpractice process can be complex. As the claimant, you have the burden to prove that the defendant’s actions represented medical malpractice. Connecticut law also requires expert testimony to establish the elements of a medical malpractice claim.
Hiring an experienced attorney is critical to help you navigate the initial screening process. At The Doctor Lawyer Team, one of our medical malpractice attorneys, Dr. Michael Giordano, is also a licensed neurosurgeon, and you will benefit from his advanced training in both areas.
Our team will also do an in-depth investigation to gather evidence supporting your case. We prepare each medical malpractice case for trial to help you get a better settlement.
Partner With One of the Leading Medical Malpractice Law Firms in Connecticut
At The Doctor Lawyer Team, we represent Connecticut patients and families who suffered a physical injury or wrongful death resulting from medical mistakes.
Our doctor lawyer team consists of attorneys Paul McConnell and Dr. Michael Giordano, a formidable duo with extensive experience handling medical malpractice claims.
Dr. Giordano, our in-house investigator, is a licensed neurosurgeon and attorney. Paul McConnell, a retired Marine Corps Colonel, is a former Judge and federal prosecutor. Both are seasoned medical malpractice trial attorneys.
If you want to pursue a medical malpractice claim, our veteran-owned law firm will provide you with the legal advice and representation you need. We don’t charge a fee unless we recover compensation for you. To schedule a consultation with our reputable medical malpractice lawyers, call us at (860) 829-9467 or complete our online form.
Copyright© 2022. The Doctor Lawyer Team. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
The Doctor Lawyer Team
638 Prospect Avenue
Hartford, CT 06105
