We rely on medical professionals to care for us when we’re ill and provide us with competent care. When this trust is broken, severe and sometimes fatal injuries can result. Even when a doctor properly handles your case, things can go wrong. Should your doctor or other medical staff fail to treat you responsibly, the potential for harm is extreme.
At Aeton Law Partners, we are well aware of the complications that can arise when medical personnel are negligent in their duties. Our team of medical malpractice lawyers in Connecticut is ready to help you fight for the compensation you deserve after suffering harm because of the actions or inaction of a medical professional.
Contact us today by giving us a call or filling out the contact form on this website and get a free case review.
Proving Negligence in a Medical Malpractice Case
When attempting to recover compensation in a medical malpractice case, proving the negligence of the liable party can be critical. The four elements that must be established in order to prove negligence are:
- The existence of a duty of care
- The breach of that duty of care
- The existence of damages
- That the breached duty of care was the cause of the damages
Duty of Care
First, you must demonstrate that the liable party owed you a duty of care. A duty of care is the responsibility of one party to act in a reasonable manner to protect the safety of another. Establishing a duty of care in a medical malpractice case is simple. Any member of a medical staff that plays any role in treating a patient owes them a duty of care.
Breached Duty of Care
Next, you need to show that the liable party breached their duty of care. When treating patients, medical professionals are required to do so responsibly. These doctors, nurses, and other medical staff should be caring for their patients in the manner that a peer in their place with similar education and experience reasonably would.
Damages
You then need to show that you suffered damages. You can prove that you incurred damages with your medical records and bills.
Causation
The final thing you will need to prove is that the negligent party breaching their duty of care was the direct cause of your damages. An experienced medical malpractice lawyer can help you connect all the dots.
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Steps a Medical Malpractice Attorney Will Take on Your Case
After hiring a medical malpractice lawyer to help with your case, they will immediately get to work investigating the circumstances of your injury. Some of the steps they are likely to take include:
- Obtaining copies of your medical records
- Speaking with experts
- Securing copies of any reports from the hospital of the incident
Your attorney will then review all the damages you have suffered and calculate how much your claim is worth. They will then either file a medical malpractice lawsuit against the individual directly responsible for your injury or the hospital where you were treated or submit an insurance claim.
Whichever path to compensation you pursue, your attorney will go through all of the steps necessary to get you the money you need. However, you should know that it is unlikely that this process will be completed, as your case will probably end in a settlement deal negotiated by your lawyer.
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The Reason Medical Malpractice Claims Usually Settle Out of Court
Medical malpractice cases almost never go to trial because a settlement offers undeniable benefits to both parties. One of the main benefits for both parties is the ability to avoid the unpredictable nature of a jury trial. While going to court could potentially result in a better outcome for either side, the risk is rarely worth the reward.
One of the biggest added benefits for the plaintiff is that settling will result in a much quicker recovery of compensation. For the defendant, a settlement will mean paying less in legal fees and avoiding additional negative press coverage for the hospital and medical personnel accompanying a trial.
However, the fact that your case is likely to end in a settlement does not mean you don’t need to prepare as though you are going to court. There is always the possibility that the liable party will be unwilling to agree to fair terms and will force a trial to decide your case.
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The Time Limit for Filing a Medical Malpractice Lawsuit in Connecticut
When considering a lawsuit after an injury caused by medical malpractice, it is essential that you pay attention to the amount of time you have to file. The Connecticut statute of limitations for these cases gives victims two years from the date the medical malpractice occurred to file a lawsuit. If you miss this deadline, you may be out of options for pursuing damages.
Of course, exceptions to the statute of limitations apply in some cases. Depending on the details of your situation, you could find that you are able to file even if the typical two-year cutoff has passed. At the same time, it could turn out that the details of your case place further restrictions on the amount of time you have to take legal action.
Your best option for ensuring that your lawsuit gets filed on time is to hire an experienced medical malpractice attorney in Connecticut as soon as possible after your accident. Your lawyer can identify the exact deadline for your case and ensure all the required paperwork is submitted well in advance.
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Speak With a Medical Malpractice Lawyer in Connecticut Today
When attempting to recover compensation after suffering damages due to medical malpractice, having an experienced attorney by your side is essential. At Aeton Law Partners, our Connecticut medical malpractice attorneys have helped countless medical practice victims recover the money they need and deserve.
Contact us today by phone or through this website to schedule a free, no-obligation consultation with a member of our legal team.
Call or text (855)-285-3425 or complete a Free Case Evaluation form