Doctors have a lot of influence on their patients. When you are ill or suffering from a medical condition, you develop trust in the medical team treating you. Sadly, that trust is sometimes misplaced.
Doctors and other healthcare providers frequently make preventable errors with serious consequences, but they are not always willing to take responsibility for them.
Contact a Litchfield medical malpractice lawyer at D’Amico & Pettinicchi, LLC, when you believe your healthcare provider made a mistake that caused you harm. Our injury attorneys have extensive experience representing patients like you and obtaining fair compensation from the medical professionals who harmed them.
Medicine is not an exact science. Many aspects of a physical exam, patient history, and test results are subjective or open to interpretation. The physical aspects of medicine—like delivering a baby, performing surgery, or putting a dislocated shoulder back into its socket—are sometimes difficult to accomplish perfectly.
Mistakes happen in medicine and they sometimes lead to unwanted consequences for the patient. However, every mistake or imperfect decision is not malpractice.
According to Connecticut General Statutes § 52-184c, a medical professional is legally responsible for committing medical malpractice when they did not apply a reasonable degree of knowledge, skill, and judgment compared with other similarly trained professionals in the area. When you consult a Litchfield medical malpractice attorney at D’Amico & Pettinicchi, LLC, they will review your medical record to determine whether there is some evidence of substandard care. If so, they may refer your medical record to an expert for their further analysis and input.
Bringing a medical malpractice lawsuit is different than bringing a personal injury lawsuit after an accident. The law imposes special procedural requirements for malpractice cases.
The law requires a lawyer representing a patient (plaintiff) to obtain an expert medical opinion before filing a malpractice lawsuit. The expert must practice in the same area of medicine as the doctor who treated the patient (defendant). The medical expert’s opinion must state that they believe the defendant’s care did not meet an appropriate standard and explain how the care was deficient. Then it must be shown that the injury suffered was a direct result of the sub-standard care such that with appropriate care the injury was preventable.
In most instances after expert opinion is obtained that there was negligence, a lawsuit is filed. Sometimes once the hospital, nursing home or doctor is notified that a claim of negligence is substantiated, there may be a willingness to discuss an early settlement prior to filing litigation but this is the exception rather than the rule.. Most cases do not settle prior to substantial legal wrangling..
One of the most important considerations when considering a medical malpractice lawsuit is how much time has passed. The law requires a plaintiff to file a lawsuit within two years of the incident of malpractice. When the patient was getting ongoing care from the medical provider, the two-year period may be tolled and start on the date of their last appointment.
Sometimes, medical malpractice is not apparent immediately. For example, a patient might not know their doctor provided poor treatment until time passes and they experience complications or renewed symptoms. In these cases, the patient has two years from the date they discovered the injury, but no more than three years from the date of the malpractice.
When you miss the deadline for filing a lawsuit, a court will dismiss your case, regardless of its merit. It is critical to get in touch with a seasoned medical malpractice lawyer in Litchfield as soon as you become aware that you might have received poor care because the investigation to determine if there was poor care takes a considerable amount of time.
Medical malpractice cases are complicated, with more steps and procedural hurdles than a standard personal injury case. When you work with a Litchfield medical malpractice lawyer from D’Amico & Pettinicchi, LLC, you get a team on your side with decades of experience winning these cases.
You deserve compensation if a medical professional’s carelessness or incompetence caused you harm. Contact us today to schedule a free remote or in-person consultation.
