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Connecticut Medical Malpractice Lawyer

There are various ways medical malpractice can be committed and if you have been seriously injured by the negligence or carelessness of a medical professional, contact Buckley Wynne & Parese immediately. Our attorneys have the necessary medical knowledge and accessible resources to fight for victims of medical malpractice in Connecticut.

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Medical Malpractice Attorney in Connecticut, CT

If you or a loved one has sustained injury following an act of medical malpractice in Connecticut, the team at Buckley Wynne & Parese is here to help you. An experienced Connecticut medical malpractice lawyer can protect your rights whether you suffered a surgical error at Hartford Hospital or your illness was misdiagnosed at Saint Mary’s Hospital near Bunker Hill. We can hold the liable parties accountable and recover the compensation you deserve.

When Medical Care Falls Below the Standard and Becomes Malpractice

In a case of medical malpractice, one of the most important things to understand is that a bad outcome does not always equate to an act of negligence. To qualify as medical malpractice, your lawyer needs to prove certain elements of negligence, which include the following:

  • The medical professional at fault in your case had a legal obligation or responsibility to provide you with a certain duty of care.
  • The medical professional failed, through an act of direct negligence, to uphold this duty of care or deviated from the typical standard of care.
  • The negligent actions of the involved medical professional caused you to suffer injuries and other losses.

Your attorney can use evidence like expert testimony from other medical professionals and your medical records to prove each element conclusively.

Types of Medical Malpractice Cases We Handle in Connecticut

At Buckley Wynne & Parese, our attorneys can protect you and uphold your rights to compensation in many different medical malpractice cases. We understand how Connecticut medical malpractice law can impact your case. Throughout our decades of service, our team has helped clients who have experienced one or more of the following:

  • Misdiagnoses or delayed diagnosis. In a recent study of 2,428 patient records, 23% of patients suffered a missed or delayed diagnosis. When a doctor fails to diagnose illnesses like cancer, stroke, heart attack, or heart disease in a patient in a timely manner, it can lead to a worsening of the actual condition and may even result in death.
  • Medical or anesthesia errors. When the wrong medication or dosage is prescribed to a patient, death due to overdose, allergy, or drug reaction can occur. When a patient is administered the wrong dose of anesthesia, this can also result in severe brain damage, oxygen loss, or even death. According to one study, anesthesia errors are as high as 1.12%.
  • ER negligence. When an emergency room is inadequately staffed, has poor sanitation, or lacks proper monitoring and care, all of these factors can lead to medical malpractice. In these situations, one of the most common forms of medical malpractice is infection.
  • Failure to treat. This form of malpractice takes place when your healthcare provider recognizes, or should have reasonably recognized, a medical condition but fails to provide the necessary and timely care.
  • Surgical errors. When you walk away from a surgery suffering further harm, it may be because of a surgical error. Common surgical errors can include wrong-site operation, anesthesia errors, and leaving surgical instruments inside the body cavity.
  • Nursing home abuse. Nursing home abuse in Connecticut can count as a form of medical malpractice. Common forms of nursing home abuse can include negligence in repositioning a patient to avoid bedsores, failure to prevent or treat falls, and failure to maintain necessary supervision or security.
  • Birth injury. This form of medical malpractice can include oxygen deprivation of the infant, delayed C-section, excessive force used during delivery, and the improper use of birth and delivery tools, like forceps or vacuum extractors.

Connecticut’s § 52-190a Good-Faith Opinion Letter Requirement

Under Section 52-190a of the Connecticut General Assembly, anyone who wishes to file a medical malpractice claim must be able to demonstrate that their claim has a valid legal basis. This requirement works to prevent invalid claims from clogging the court system and helps protect healthcare workers and hospital systems from groundless and unnecessary litigation. It also allows claimants to have legal support from the very beginning.

Under this requirement, an individual wishing to file a claim of medical malpractice needs to attach a written opinion of a similar healthcare provider and counsel’s reasonable-inquiry certificate to their claim prior to official filing. This letter requires a qualified medical professional to review the facts and confirm that there is a reason to believe medical negligence occurred.

It is important that this letter does not simply assert that negligence happened, but also provides the court with a detailed explanation of how the healthcare provider who wrote the letter arrived at their conclusion. If you do not take this step or your letter does not meet the requirements of the court, your case will likely be dismissed.

The Deadline to File: CT Statute of Limitations § 52-584

In Connecticut, victims of medical malpractice have a two-year statute of limitations when it comes to bringing forth a legal claim and recovering compensation. This deadline begins on the date the injury is sustained, discovered, or should have reasonably been discovered.

There is also a three-year statute of repose. In most cases, this means you cannot bring a claim more than three years after the act or omission, no matter when you discovered the injury. If this deadline is missed, you will likely lose any chance to recover compensation, and your case will be dismissed.

The deadline may be extended, however, under the continuous treatment doctrine. This doctrine can delay the start of the filing deadline while a patient is being treated by the same medical provider for the condition that led to the alleged malpractice.

The statute of limitations can pass quickly, which is why it is so important that you act fast and hire an attorney. Eight out of every 10 medical malpractice cases go to trial, and it is essential that you hire a medical malpractice attorney in CT who has the experience and resources necessary to defend your claim in court.

Connecticut Has No Cap on Medical Malpractice Damages: Damages You May Recover

Many states have implemented caps or absolute ceilings on the amount of money a medical malpractice victim can recover in a civil claim. However, Connecticut does not operate this way. There is no statutory compensation cap on the economic or non-economic damages you can recover.

Our firm can review your medical malpractice claim and help determine the full value of the damages you are entitled to. These damages can include:

  • Medical expenses. These damages can cover all current and future medical bills as they relate to your injury, including additional surgeries, treatments, medications or medical devices, transportation costs, and hospital stays.
  • Lost wages. These damages can help make up for the wages you lost while you were unable to work due to your injuries.
  • Loss of future earnings. If your medical malpractice injury caused you to be unable to work at all, you may be able to recover the loss of any future employment earnings and benefits.
  • Pain and suffering. You may be left dealing with physical pain and severe psychological and emotional trauma after a medical malpractice incident. Pain and suffering damages can help you cope with the pain and emotional distress you sustained.
  • Wrongful death. If your loved one has died as a result of medical malpractice, you may be able to recover compensation for their related medical bills, along with funeral and burial expenses.

Why Buckley Wynne & Parese

For more than 140 years, Buckley Wynne & Parese has been advocating for victims’ rights in medical malpractice cases throughout numerous Connecticut courtrooms. When you work with us, you get access to our senior partners, and we prepare each and every case as if it is headed to trial; that way, nothing surprises us.

FAQs

Q: How Do I Know if I Have a Medical Malpractice Case in Connecticut?

A: To know if you have a medical malpractice case in Connecticut, you should speak with an attorney as soon as you suspect you have suffered injury due to a medical professional’s negligence. At Buckley Wynne & Parese, our attorneys can review your case, uncover evidence, and determine whether you have a legitimate case of medical malpractice.

Q: How Long Can a Case of Medical Malpractice Take?

A: In Connecticut, a case of medical malpractice can take anywhere from a few months to several years to reach a fair settlement or verdict. These cases are not held to a strict deadline apart from the applicable statute of limitations. The length of the case can depend on the nature of your injury, the cause of harm, and the overall complexity of your case.

Q: Is There a Cap on Damages in Connecticut?

A: No, in Connecticut, there is no cap on the amount of damages you can recover in a medical malpractice claim. This can include all related economic damages, like medical costs and lost wages, non-economic damages, like pain and suffering or loss of consortium, wrongful death damages, and punitive damages.

Q: What Does It Cost to Hire Your Firm?

A: To hire our firm, the costs can depend on the case specifics. While we provide each and every prospective client a free consultation, other costs can vary based on the overall complexity and duration of your case. If your claim is relatively straightforward and easily proven, then it can likely cost less than a case that must be tried in court.

Hire a Medical Malpractice Lawyer in Connecticut

If you or a family member has suffered due to an act of medical malpractice in Connecticut, you need to hire a medical malpractice lawyer from Buckley Wynne & Parese right away. We invite you to contact us by phone or via our online form to schedule your free consultation and take the next step in your healing journey.

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