Connecticut Medical Malpractice Attorney
You have every right to expect the highest quality of care from the medical professionals tasked with safeguarding your health. When they’ve failed in that duty, you can also expect financial compensation for your pain and suffering, lost wages, and medical expenses.
At Kocian Law Group, we’re dedicated to holding medical professionals responsible when their negligence results in serious injury to patients in their care.
Medical malpractice can take many forms. It occurs when a surgeon makes a mistake, when a general practitioner misdiagnoses an ailment, and when a pharmacist fills the wrong prescription. It occurs when an obstetrician misapplies the forceps, when a nurse forgets to administer medication, and when a rehab professional fails to follow specific instructions.
These medical professionals have a burden of responsibility, a sacred duty to do no harm, and when they fail to live up to their obligations, they deserve to be held accountable.
Facing a serious illness, injury, or health crisis is stressful and frightening enough without having to worry about the quality of care you’re going to receive. If you have been the victim of negligence on the part of a medical professional or facility, we’ll be ready to stand up and fight for you. We know that these claims can be challenging, and the other party will likely put up a fight to avoid accepting responsibility. We’re not afraid to take on any medical professional, hospital, or their powerful insurers. We’ll seek the maximum compensation possible on your behalf.
Our track record of success includes $9.4 million and $1.5 million recovered on behalf of clients with medical malpractice claims, just to name a few examples. We have the knowledge and experience to handle your case and seek the money you’re owed.
Contact the Connecticut medical malpractice lawyers of the Kocian Law Group now for a free, confidential, no-obligation consultation.
What Do You Have to Prove in a Medical Malpractice Claim in Connecticut?
Medical malpractice occurs when a healthcare professional fails to meet the standard of care either through action or omission, resulting in the injury or death of their patient. The following four elements must all be present in order to prove that an incident of medical malpractice has occurred:
- A duty was owed. A legal duty exists when a healthcare provider or professional undertakes care or treatment of a patient.
- That duty was breached. The healthcare professional deviated from the generally accepted standard of care in their field.
- The breach led to injury. The failure to meet the accepted standard of care directly or proximately led to an injury.
- Damages were incurred. The breach of duty caused losses either financial (lost wages, additional medical costs) or emotional (pain and suffering) in nature.
All of these elements must be in place in order for medical malpractice to have occurred — and for a plaintiff to file a lawsuit. Injuries sustained when the standard of care was met do not qualify as medical malpractice. Similarly, negligence that did not result in damages is not considered
Because of how legally complicated establishing these elements can be, it may be difficult for a patient to know if they have been the victim of medical malpractice. If you suspect that you have been injured and a healthcare professional is to blame, the experienced and compassionate attorneys at Kocian Law Group can discuss the facts with you and determine if you may have a claim.
Steps for Filing a Medical Malpractice Claim
If you have been the victim of medical malpractice, there is no time to waste. Connecticut state law puts a three-year limit on your window for seeking damages, so you should contact an experienced personal injury lawyer as soon as possible.
Additionally, state law puts a roadblock in the form of a “reasonable inquiry” certification that must be filed before a lawsuit can proceed.
In general, it is wise to follow these steps:
- Contact a medical malpractice attorney as soon as possible. An experienced lawyer can help determine if your case meets the elements necessary to bring a medical malpractice suit. They will also ensure that your lawsuit is filed in a timely fashion, which is important given Connecticut’s strict time limits.
- Obtain copies of your medical records. Medical records are often the best and most important weapon in a medical malpractice case. They document what occurred, when it occurred, and how it occurred during the course of your treatment and can make or break your case. You have the right to request these yourself, although your lawyer can handle that for you.
- Notify insurance companies and medical facilities of your intent to file. Depending on the specifics of your case, it can be advisable to notify appropriate insurance companies and medical facilities of your impending lawsuit. This may trigger internal reviews that could lead to a quick and acceptable settlement. An attorney will be able to advise you whether this is the best course of action.
- File a “reasonable inquiry” certificate. Connecticut state law requires that a plaintiff or their attorney file a “reasonable inquiry” certificate, which declares that a “reasonable inquiry” has been made to determine if medical malpractice has been committed, and that the inquiry resulted in a “good faith” belief that legal action may be taken against the defendants. Additionally, a qualified medical expert must vouch that the patient was injured through medical negligence, and provide a detailed account supporting that position.
- File the malpractice complaint. Finally, you or your attorney must file a medical malpractice complaint, which will formally initiate the proceedings. A complaint is a formal detailing of the allegations you’re making against the medical professionals or the medical facility, and officially begins the lawsuit process.
Medical malpractice is one of the more complicated fields of personal injury law. The help and guidance of an experienced attorney can be vital to the success of your claim.
Compensation in a Medical Malpractice Case
While some states put a cap on the amount of damages that can be awarded in a medical malpractice case, Connecticut is not one of them. There are no hard damages caps for medical malpractice in the state of Connecticut. To put this another way, there is no legally mandated upper limit on how much a jury can award a plaintiff once they’ve found a defendant healthcare provider or professional liable for medical malpractice.
In general, if your lawyer is able to prove that the medical professional or facility did not adhere to the acceptable standard of care and that caused you harm, you could be owed compensation for:
- Future medical expenses
- Loss of future earnings and lost earning capacity
- Pain, suffering, and mental anguish
- Other costs associated with your injuries and future care
Because there are no hard caps placed on medical malpractice awards in this state, Connecticut malpractice lawyers are able to fight for the maximum dollar amount possible for victims and their families.