If you’re here seeking guidance after finding yourself in a complicated medical malpractice situation in New Haven, the firm of Weber and Rubano is standing by your side, ready to fight for you.
When a medical professional’s treatment victimizes you or someone you love, just know that you can be eligible for compensation under Connecticut law.
As advocates for justice in the New Haven community for over 60 years, we take pride in the fact that we successfully win challenging and complex cases on behalf of our many clients. If you need someone to talk to about the intricacies of your case, contact us now for your free, no-obligation case review. Our New Haven medical malpractice lawyers are happy to consult with you on your next steps.
The term “medical malpractice” refers to the legal idea of a healthcare provider failing to deliver care that complies with the established standard of practice within the medical community.
This negligent care, as a result, inflicts harm or injury to a patient. To demonstrate that a patient was injured as a result of medical malpractice, it is necessary to demonstrate that the healthcare practitioner owed the patient a duty of care, that this duty of care was breached, and that the violation of this duty caused the patient’s injury or harm.
In the United States, cases of medical malpractice are handled according to the laws of the individual states, which can differ somewhat from one state to the next.
Generally, however, a healthcare provider can be held liable for medical malpractice if they fail to:
Diagnose a condition that a reasonably competent healthcare provider would have diagnosed
Provide treatment that a reasonably competent healthcare provider would have provided
Follow accepted standards of care when treating a patient.
These are the three primary ways in which a healthcare provider can be held liable for medical malpractice in New Haven.
U.S. Medical Malpractice Statistics
According to Johns Hopkins’ research, 10% of all deaths in the United States are attributable to preventable medical errors. Medical errors are also the third-highest cause of death in the United States, with over 250,000 individuals needlessly perishing each year.
The most frequent causes of medical malpractice fatalities are attributable to the following:
Failure to diagnose
Failed or botched surgeries
Adverse drug effects
Adverse reaction to anesthetics
Injuries at injection sites
No informed consent
Lack of monitoring
Complications due to childbirth
21% of all U.S. adults have experienced a medical error or personal injury in the United States, even if it did not culminate in patient death.
What Damages Can You Recover in New Haven?
If you successfully prove that you were the victim of medical malpractice, you may be eligible to receive damages.
Damages are monetary compensation for the injury that was caused as a direct result of the medical error. In a lawsuit involving medical malpractice, a plaintiff may be entitled to various kinds of damages, including the following:
Economic Damages are meant to compensate you for the injury you have suffered due to the medical error. This may include medical expenditures, lost wages, and any other economic losses that you have incurred.
Non-economic damages are meant to pay you for the non-financial components of your injury, such as pain and suffering, emotional anguish, and loss of enjoyment of life. These damages are intended to compensate you for these non-financial aspects of your accident.
Punitive damages are awarded when a healthcare professional is found to have acted in an especially reckless or negligent manner. These damages are not meant to compensate you for any harm you may have had as a result of the incident. These are usually granted in situations in which the behavior of the healthcare professional was exceptionally egregious.
Due to the high burden of proof in medical malpractice cases, it can be difficult for a victim to receive punitive damages. Punitive damages are meant to push the person who committed the wrongful act and are limited to only covering court costs and legal fees.
What is the Statute of Limitations in Medical Malpractice Cases in Connecticut?
The Connecticut statute of limitations for medical malpractice claims is two years. This starts from the time that the patient receives an injury.
If you didn’t find out about your injury right away, you still have some leeway to get the case started, but you’ll also have the burden of showing that you couldn’t have reasonably discovered the harm before you did find out about it.
The maximum amount of time you have for that is an additional year to discover the injury, for a total of three years.
Reasonable Inquiry in Connecticut Medical Malpractice Lawsuits
Lawmakers in Connecticut made it mandatory for individuals to file a reasonable inquiry certificate. Individuals are required to file a certificate to the court that there is a “reasonable inquiry” into if there is a good case for negligence.
Additionally, that inquiry process requires the document to receive a signed, written opinion from a medical provider that supports the idea there was medical malpractice present. This certificate must be filed along with the original negligence complaint when the case is brought to court. Consult our New Haven medical malpractice lawyers for further guidance.
Hire Our New Haven Medical Malpractice Lawyers to Help with Your Case
Medical malpractice is a serious problem that can seriously affect patients who get hurt because their doctors didn’t follow the standard of care. It is crucial to get legal assistance as soon as possible if you or a loved one has been the victim of medical malpractice. Seeking legal assistance will allow you to preserve your rights and pursue any compensation to which you may be entitled.
Our New Haven medical malpractice attorneys at Weber & Rubano are committed to providing victims of medical negligence with the assistance they need to secure the justice and financial compensation they deserve. Do not hesitate to contact us for a free consultation if you have any questions or concerns about a potential medical negligence lawsuit in New Haven.