Proving negligence in a medical malpractice case requires an in-depth understanding of Connecticut’s laws and legal procedures. If you believe you were injured because your doctor, nurse, pharmacist, or other medical professional was negligent in their care, you will need guidance from an experienced medical malpractice lawyer.
The attorneys at D’Amico & Pettinicchi, LLC, have been representing clients throughout Connecticut in their medical malpractice claims for over 100 combined years. Establishing negligence in Litchfield medical malpractice cases is crucial, and we help our clients by building strong cases to show the causal relationship between a medical provider’s negligence and their injuries.
Malpractice, also referred to as professional negligence, occurs when a medical professional fails to exercise the skill and knowledge typically used by other similar healthcare professionals. Another key element of malpractice or negligence is the existence of injury, loss, or damage to the patient.
Case law has also established that the process of determining negligence in Litchfield medical malpractice claims requires that the injured patient establish:
Typically, expert testimony is needed to establish the standard of care and prove the at-fault healthcare provider deviated from that standard.
A medical malpractice claim can be filed against any healthcare provider in Connecticut. According to Connecticut General Statute Section 52-184b(a), this means any person, corporation, facility, or institution licensed by Connecticut to provide health or professional services. A medical malpractice claim in Litchfield can include:
Medical facilities such as hospitals and pharmacies can also be named as defendants in medical malpractice claims.
Connecticut uses a system called modified comparative negligence when determining fault and awarding compensation in Litchfield medical malpractice claims. This rule states that any injured victim can still seek damages from the at-fault party even if they contributed to their injury, as long as they are not more than 50 percent at fault. Anyone who is found to be partially responsible for their injury will have their monetary damages decreased by their percentage of fault.
For example, if you are found to be 25 percent at fault for your injuries, any compensation you are awarded will be reduced by 25 percent. So, an award of $100,000 would be decreased to $75,000.
Our priority at D’Amico & Pettinicchi, LLC, is to ensure our clients have the best possible chance at recovering the compensation they deserve. We provide compassionate advocacy and skilled representation throughout the medical malpractice claims process. When you work with us, you can trust that you have a team on your side that genuinely cares about your physical, emotional, and financial recovery.
Contact us to schedule a free in-person or virtual consultation. We can help prove negligence in your Litchfield medical malpractice case.
