It’s important that your hospital negligence claim is prepared properly to ensure you don’t lose your opportunity for compensation and justice. Consulting with a hospital negligence attorney you can trust is a valuable step. At D’Amico & Pettinicchi, LLC, our clients have been trusting us with their settlement claims and lawsuits for more than 100 cumulative years.
There are a few crucial steps immediately following your injury that you and your attorney may want to focus on as you prepare to file a claim. To start, ensure you keep track of the names of every person involved in your care. This includes as many doctors, nurses, and aides as you can remember. It’s also a good idea to keep a record of all your appointments and treatments, as well as copies of any documents you receive from your doctor or the hospital.
Connecticut requires that injured parties make a good-faith effort to investigate the suspected malpractice before filing a claim. This includes obtaining a written statement from a qualified medical professional attesting that there is evidence of negligence. The testimony must be filed with the complaint in most cases.
You only have a limited amount of time to file a claim for hospital negligence. Generally, Connecticut requires that a claim be filed within two years from the date of your injury. Specifically, the time starts ticking when you discover or should have discovered your injury. There may be exceptions in limited circumstances, but it’s best to err on the side of caution and aim to have the process started as soon as possible.
There are no limits on the amount of compensation injured victims can receive in compensatory damages in Connecticut. These damages include:
Fault is a defining element of a medical malpractice claim, and Connecticut uses a modified comparative fault system. This means that each party, including the injured patient, can be assigned a percentage of fault.
Under the state’s modified comparative fault doctrine, your financial award would be reduced by your percentage of fault. Plus, if a court determines that you are more than 50% at fault for your injuries, you cannot recover any monetary damages. The following example shows what Connecticut’s fault system might look like in practice:
Jenny is awarded $65,000 in her hospital negligence claim. However, because she was found to be 10% at fault for her own injuries, her compensation is decreased by her percentage of fault. The amount of compensation Jenny is entitled to becomes $58,500.
Because the medical field requires specialized knowledge and training, expert witnesses are invaluable to your hospital negligence case. Having a qualified medical practitioner provide written testimony is required before filing your claim, but it may also be helpful to have additional expert witnesses ready to testify in court if litigation becomes necessary. A good expert witness will provide clear explanations of complex medical topics so that the court understands how impactful your injuries have been.
Hiring a medical malpractice attorney is a vital part of preparing for your hospital negligence claim. Navigating the settlement and lawsuit processes can be overwhelming and confusing for people who are unfamiliar with these legal proceedings, especially during a time when your physical health and emotional recovery should be the priority.
The attorneys at D’Amico & Pettinicchi, LLC, have the targeted experience and in-depth knowledge you need to build a solid case. Contact us to schedule a free consultation.
