Many incidents can give rise to personal injury claims and lawsuits in Hartford. From car accidents to defective products, slips, falls, etc., someone else can cause you bodily harm in numerous ways. However, medical malpractice seems to be a separate class as it’s pretty much more complicated than other personal injury cases. As a result, you’ll always need a medical negligence attorney’s help or risk losing your compensation.
There are many things you need to know about medical negligence cases before filing one. Besides understanding the nitty-gritty of the medical condition, you must also get conversant with the laws guiding such claims. That way, you can avoid making mistakes that may significantly reduce your chances of maximum compensation.
So, what factors or main points must you consider before filing a medical malpractice claim or lawsuit? We’ll discuss them in this article. Our personal injury lawyers in Hartford can give you personalized legal advice for your case.
Factors to Consider When Filing a Medical Malpractice Claim or Lawsuit in Hartford
Medical error is the third leading cause of death after heart disease and cancer in the US. In addition, data shows that about 100,000 people in the USA die or are permanently disabled due to delayed or missed diagnoses.
While medical negligence can cause you severe pain and life-altering conditions, numerous factors still determine your claim’s success. As such, you must only file a claim or lawsuit after considering them carefully.
These are the essential points of Hartford’s medical malpractice law to consider when pursuing compensation:
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Statute of Limitations
Like every other state in the country, Connecticut has its Statute of Limitations for medical malpractice cases. Generally, you will forfeit your rights to a bonafide compensation claim if you don’t file your case within two years. Time starts counting from the date of injury or when you first discovered the malpractice.
However, under the Statute of Repose, claimants have three years to file their claims regardless of the discovery date. Connecticut might extend the Statute of Limitations if the at-fault party fled the state after their negligent acts. This may also be the case if the defendant concealed the malpractice.
Shared Liability Rules
Another vital factor to consider when filing a medical negligence case is the shared liability or fault rule. In Hartford, if you’re partially responsible for your injuries, your compensation will reduce in proportion to your degree of fault. If your percentage of fault is equal or greater than the defendants’, you may not receive any damages.
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No Cap on Damages
Hartford has no cap on damages in medical negligence cases. That means there’s no limit to the amount of compensation you will receive.
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Collateral Source Rule
The collateral source rule ensures that injury victims don’t get reduced damages because they got compensation from a third party. So, under this rule, a defendant can’t reduce your benefits because an independent or third-party source has compensated you. The courts may not even allow them to tender evidence of such payments in court.
Not every state adheres to the collateral source rule, and Connecticut is one. However, you can still get compensation for paid premiums.
Reasonable Inquiry Certification for Connecticut Medical Malpractice Lawsuits
In Hartford, your attorney must file a certificate of good faith belief before you can file a medical negligence lawsuit. Also called a reasonable inquiry certification, the document must show that:
- You have made a reasonable inquiry to prove that there are grounds, in good faith, that establish negligence
- The conclusion of the good faith inquiry supports an action against the at-fault party
The certificate should also contain a medical expert’s opinion. The medical expert can decide to remain anonymous to avoid backlash.
Expert Witnesses
Not every professional can be an expert witness in your case. Hartford’s laws stipulate that expert witnesses must be similar healthcare providers and have comparable experience/training to the defendant. They should also carry a valid license and must have been practicing for more than five years.
Our Attorneys at Injured CT Can Help Your Medical Malpractice Case
Medical negligence is one of the most complex personal injury cases to experience. You deserve maximum compensation for all the hurt you’re experiencing. Hiring a competent lawyer will help to take the extra burden off you and enable you to focus on healing.
When it comes to medical negligence cases, our Hartford attorneys at Injured CT are always the wisest choice. We’ll carefully analyze your case and provide you with the best legal solutions available. We will be with you every step of the way to ensure that you get what you deserve and nothing less. Give us a call today.
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