Understanding Medical Malpractice Laws in Connecticut: What You Need to Know
Medical care should make you healthier, not hurt you more. But sometimes, even the most well-intentioned doctor makes a serious error that leads to further injury or illness. When the medical treatment you receive causes additional harm, you may have a medical malpractice case on your hands. Navigating Connecticut’s medical malpractice laws and legal system can be complex, but an experienced Connecticut malpractice attorney can help.
What Qualifies as Medical Malpractice in Connecticut?
Connecticut malpractice attorneys must prove four key things to build a strong malpractice case:
- Duty of care: The medical provider owes you a duty of care to treat you according to medical standards. This duty exists for doctors, nurses, specialists, and any medical professional involved in your treatment.
- Breach of duty: The provider breached their duty of care by deviating from accepted medical standards. Mistakes like surgical errors, failure to detect cancer, medication errors, and patient neglect all constitute breaches.
- Causation: The breach directly caused your injury or illness. There must be a link between the provider’s mistake and the damages you suffered.
- Damages: You suffered direct harm, such as further medical expenses, lost wages, loss of limb function, or pain and suffering from malpractice.
Some examples of medical malpractice in Connecticut include misdiagnosing or failing to diagnose serious conditions, botched surgeries, medication errors, anesthesia mishaps, and birth injuries to the mother or child.
Statute of Limitations for Filing a Claim
Under Connecticut law, you must file a medical malpractice claim within a certain timeframe. For adults, the deadline is within two years of when the incident occurred or when it was first discovered. For minors, a claim can be filed until the child’s 20th birthday or within two years of discovery – whichever is later. These strict filing deadlines underscore the urgency of contacting a Connecticut malpractice attorney immediately to begin building your case.
Limits to Damage Awards in CT Malpractice Suits
Connecticut caps economic and non-economic damages in malpractice cases at $1 million per lawsuit. However, there is no cap if the suit involves “willful or wanton” misconduct on behalf of the provider. Punitive damages are also unlimited if malice, evil intent, or recklessness leads to the patient’s harm. A skilled malpractice attorney knows how to maximize recoverable damages and hold providers fully accountable.
The Claims Process and Settlements
The claims process begins by notifying the liable provider and insurer of the intent to file suit. Usually, all parties in the claim are interested in settling out of court to avoid negative publicity and a costly trial. An experienced Connecticut malpractice attorney negotiates aggressively to obtain the maximum possible settlement for you. If a fair settlement cannot be reached, your case proceeds to trial by jury, where your attorney presents evidence of negligence and harm to help you secure a favorable verdict and judgment.
Medical Malpractice Laws in Connecticut: Key Takeaways
The aftermath of medical errors can be devastating, resulting in lost wages, excessive medical bills, chronic pain, or permanent disability. Please don’t go through it alone. Contact a knowledgeable Connecticut malpractice attorney to fight for the justice and compensation you deserve. With their counsel, you can hold negligent providers fully accountable and receive the care you need to heal and move forward.