Medical malpractice claims can be brought against licensed healthcare providers that breach their duty of care and harm patients. If your doctor, nurse, or other medical professional acted negligently, and you were injured as a result, you may be able to file a claim for damages.
The medical malpractice attorneys at D’Amico & Pettinicchi, LLC, are fierce advocates for injured clients. We understand the stakes are high and will do everything possible to help you get the compensation you need to start rebuilding your life.
Many medical malpractice cases do not go to court. Instead, negotiations often lead to a settlement before the case advances to litigation. To be held responsible for medical malpractice, a licensed healthcare provider must have acted negligently, engaged in misconduct, or made errors or omissions that led to an injury. As the injured party, you have the burden of proof, which means you must prove that the doctor, therapist, or other medical professional breached the standard of care required of them.
The damages available in medical malpractice cases include:
Connecticut does not limit the amount of compensatory damages you can receive in a medical malpractice case, so there is no cap on the financial award you could be entitled to.
When you are ready to proceed with your medical malpractice case, it is recommended that you work with an attorney who understands the legal process and requirements. There are strict rules for initiating a claim, including the state’s statute of limitations on medical malpractice claims.
A statute of limitations is the legal term for the deadline or timeframe a person has to file a lawsuit. Timeframes exist in part because, after a substantial amount of time has passed, evidence may be lost, and memories have faded. If you do not initiate your lawsuit prior to the deadline, you may lose your opportunity to seek compensation.
An action for medical malpractice must be filed within two years. This timeframe begins on the date you discover your injury or that you should have discovered it. The statute of limitations for medical malpractice is two-fold in Connecticut. Not only must you file within two years of the date your injury was discovered, but you only have a maximum of three years from the date the malpractice incident occurred; or if a death is involved then a maximum of 5 years. There are special circumstances when the limitation period can be shorter. For instance in a claim against the University of Connecticut Heath Center, the limitation period is one year as this would be a claim against the State of Connecticut.
Your physical and psychological recovery should be your priority after an injury, but it can be difficult to focus on your health and well-being when you must also shoulder the burden of an injury claim.
The legal team at D’Amico & Pettinicchi, LLC understands the importance of your overall recovery after a medical malpractice injury. As part of this process, we take on all the legal tasks to help you achieve financial compensation so you can concentrate on healing. Clients trust us with their complex medical malpractice cases because of our extensive experience and successful track record. Let us help you get the justice you deserve. Contact us today to schedule a free consultation.