A medical office or hospital is meant to be a place to feel better, but sometimes it can lead to medical negligence. You do not deserve to be silent about your situation. A Stamford personal injury lawyer can advocate for you to recover damages when doctors, nurses, specialists, dentists, hospitals, or healthcare systems fail you.
Do not assume an unexpected negative outcome was unavoidable. There may be compensation on the line for you if a provider’s negligent actions directly caused preventable patient harm. An attorney can investigate specifics to identify viable malpractice claims.
Qualifications for a Medical Malpractice
Doctors and other healthcare providers must adhere to the standards of medical care in Connecticut. Deviating from those reasonable standards in a way that causes patient injury constitutes potential grounds for a medical malpractice claim. Some examples of medical negligence may include:
- Misdiagnosing or failing to diagnose serious health conditions
- Prescribing inappropriate medications or incorrect dosages
- Errors in performing surgery, like operating on the wrong site
- Failure to order necessary medical tests
- Mistakes in reading diagnostic test results
- Lack of appropriate follow-up care and monitoring
- Failure to detect cancer or other illnesses timely
However, not all unfavorable outcomes mean malpractice occurred. There must be provable negligence directly causing preventable harm. You need proof to show that your experience was preventable.
For a free legal consultation with a medical malpractice lawyer serving Stamford, call (855)-285-3425
Proving Inadequate Care
The important factor in a malpractice case is demonstrating the healthcare provider breached their duty to provide an appropriate standard of care. This is shown through presenting medical records and expert testimony indicating the diagnosis or treatment fell below reasonable professional standards. Identifying relevant clinical practice guidelines the provider failed to follow without sufficient justification also helps establish substandard care.
Comparing the care given to what other practitioners would have done in similar settings reveals variances that may constitute medical negligence. You could ask a medical provider in a similar area of practice who is well respected. Providers should make specialty referrals when clearly warranted by complications involved.
You and your medical malpractice attorney in Stamford can check with hospital policies and protocols to determine whether the provider sufficiently followed required institutional procedures. Interviews with nurses and staff can uncover protocol violations. The focus remains on contrasting the defendant’s actions with reasonable care standards at the time.
Stamford Medical Malpractice Lawyer Near Me (855)-285-3425
Common Defenses in Medical Malpractice Cases
Medical professionals often rely on predictable defenses when facing malpractice allegations over patient harm. Common claims made include claiming the outcome was unavoidable, the care was discretionary, pre-existing conditions existed, or the patient was non-compliant. Attorneys expect these arguments and prepare countermeasures focusing on standards of care, such as the following:
- Injuries stemmed from medical conditions not disclosed by the patient initially. Providers have duties to check health histories.
- The patient was negligent in following discharge instructions properly.
- Records prove the diagnosis and treatment plan adhered to accepted practices. However, biased records are subject to inspection.
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Potential Damages to Recover in a Medical Malpractice Case
When medical professionals fail to meet the standard of care and harm patients, the impacts can be severe, long-lasting, and financially devastating. Victims deserve full accountability and fair compensation for the harm the negligence caused. An experienced medical malpractice attorney can help patients maximize recovery of all losses and damages suffered when substandard medical care causes injury.
- Additional medical costs to treat injuries the malpractice caused
- Projected future costs for follow-up care needed long-term
- Lost wages and reductions in future earning capacity
- Pain, suffering, disfigurement, emotional distress, and reduced quality of life
- Loss of consortium damages for impact on family relationships
- Documenting both economic and non-economic damages is critical but challenging. An accomplished Stamford medical malpractice lawyer has the expertise to build a persuasive claim proving every element of harm for maximum compensation. Never settle for less than full accountability.
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Statutes of Limitations for Medical Malpractice in Connecticut
In Connecticut, the deadline to file a medical malpractice lawsuit is two years from when your injury occurred or from the point it should have been discovered. However, minors have until age 20 to file claims for malpractice during childbirth and treatment. Wrongful death claims involving malpractice must be filed within two years of death.
Missing the statute of limitations results in loss of the right to recover compensation through the courts, even if negligence clearly occurred. So prompt legal consultation after potential malpractice is critical to allow full investigation. Never delay getting in touch with a Stamford medical malpractice attorney, as waiting may jeopardize the ability to achieve accountability.
A lawyer begins gathering records, expert opinions, and evidence needed to prove the case in time. Understanding negligence and damages is vital to the outcome of your medical malpractice case. The deadline must be met, even if you were not at fault.
Settlements vs. Trials for Medical Malpractice
Pursuing a settlement can allow you to resolve cases more quickly and avoid the risks of trial. Settlements provide guaranteed compensation, save litigation costs, and give closure without prolonging the legal process. However, they may undervalue cases and forfeit the potential for higher damages at trial.
Taking a strong malpractice claim to trial can secure the maximum possible compensation. Jury verdicts account for all proven damages, and Connecticut law does not cap non-economic awards. Trials also establish formal precedent and public accountability. However, litigation takes much longer and risks recovering nothing if the verdict favors the defense.
The best option depends on the unique circumstances of each case. An attorney can provide an assessment of settlement value versus chances at trial. You can then decide if guaranteed compensation outweighs potentially higher rewards from allowing a jury to decide.
Let Aeton Law Help You with Your Medical Negligence Case
Suffering injury because of medical negligence can cause chaos in your life, especially if you experience permanent damage to your health. The legal process after malpractice occurs can be complex. A medical malpractice lawyer in Stamford can help you with the legal side of things while you recover.
Before accepting an insurer’s initial settlement offer, work with your attorney to ensure it reflects the full potential claim value. Rushed settlements may not include the highest compensation possible. Contact us today for a free consultation.