When you believe you have been harmed because of a medical professional’s error, you might be considering filing a medical malpractice lawsuit. These lawsuits allow you to get compensation for losses you suffered due to substandard medical care.

Before you get started, it is wise to learn all you can about liability in Connecticut medical malpractice claims. Contact a qualified attorney at D’Amico & Pettinicchi, LLC, for help determining whether your medical care met an acceptable standard. Not all poor outcomes are due to medical malpractice, but when a medical professional provides poor care, and you suffer losses because of it, you deserve appropriate compensation.

Understanding the Standard of Care

In a Connecticut medical malpractice case, a medical professional is negligent if they fail to meet an acceptable standard of care. The standard of care is the application of knowledge, medical judgment, and skill equivalent to what a similarly credentialed professional would have provided in similar circumstances. Specialists must meet the standard of care of other specialists in the area, nurses must provide similar care to other nurses, etc.

Before an attorney can file a medical malpractice lawsuit on your behalf, they must submit your medical records to a medical expert. The expert reviews the records and determines whether a medical professional exercising appropriate judgment and skill would have provided similar care. If the expert finds that the provider did not meet a proper standard of care, they must explain the deficiencies they noted. Connecticut General Statute § 52-190a requires the statement from the medical expert to be attached to your complaint to open a medical malpractice lawsuit; however, the identity of the expert who provided the opinion is protected and remains confidential.

As the lawsuit progresses, the medical professional against whom the claim is brought will usually present their own experts who say the professional met the appropriate standard of care. Each side will gather evidence supporting their opinion. If the case doesn’t settle, a jury will hear both sides’ evidence and decide. If the jury finds the medical professional’s care did not meet the appropriate standard, they are responsible for compensating your losses.

Liability Requires Proof of Harm

If you bring a medical malpractice lawsuit in Connecticut, establishing that the medical professional did not provide an appropriate standard of care is the first step. Your lawyer also must prove that their failure caused you harm.

For example, if a doctor did not order a test that most doctors practicing in the area would have ordered, the doctor might have violated the standard of care. But if the lab results would not have ultimately made a difference in your treatment or recovery, the error was harmless, and the doctor would not be liable. However, if the lab result had allowed an earlier diagnosis that might have preserved more treatment options or a better prognosis, the error caused actual harm. The doctor would likely be liable in this case.

When you can show that a medical professional’s error caused actual harm that led you to experience losses, they must compensate you. You are entitled to compensation for your economic losses, such as time missed at work and the cost of medical treatment. You also can claim compensation for your non-economic losses, like physical pain, mental suffering, inconvenience, lost enjoyment of life, and similar consequences of the medical provider’s mistake.

Who Could Be Liable?

Medical malpractice claims often involve individual doctors, but others can be liable for medical malpractice. An attorney will carefully review the medical records and file a claim against anyone whose conduct might not have met the standard of care and could have contributed to the harm you suffered.

Some doctors own professional corporations and are employed by the corporation. Other doctors may be employees but have no ownership interest in the business. In either case, a medical malpractice lawsuit could name the employer, not just the doctor. When the malpractice occurred at a Connecticut hospital, imaging center, or other medical facility, the facility could be liable for the malpractice.

Sometimes, faulty medical equipment causes a medical error or injury. If you were hurt by defective medical equipment, the manufacturer might be liable for your losses. Bringing claims against several defendants often results in a better outcome for an injured patient.

Speak With a Connecticut Attorney About Medical Malpractice Liability

Medical malpractice lawsuits require significant time and preparation. It is important to understand whether you have a reasonable chance of success before beginning.

The attorneys at D’Amico & Pettinicchi, LLC, have been assessing liability in Connecticut medical malpractice claims for decades. They will review your situation and give you a candid opinion about your case. Get started today by scheduling a free, remote or in-person consultation.