Bringing a claim against a medical professional or facility for an injury or worsened illness caused by “medical malpractice” is a complicated process, even under the most favorable circumstances. So much so that many lawyers do not handle these complex claims.
The seasoned injury attorneys at D’Amico & Pettinicchi, LLC have been peer-recognized for over a decade for their pre-eminent ability to handle medical malpractice claims through trial. If you want the best chance of securing fair compensation for your injuries, or for the death of a loved one, contact a Waterbury medical malpractice lawyer at D’Amico & Pettinicchi, LLC.
In Connecticut, all health care professionals are required to act in conformance with the “standard of care,” which is based on what another physician with similar credentials, skill, and experience would have done under the same or similar circumstances. Connecticut generally follows a national “Standard of Care” for healthcare professionals. Meaning what a healthcare professional should have done in Connecticut in a particular situation is the same as what should have been done in Colorado in the same situation, for example.
In Connecticut, prior to filing a lawsuit, it is required that documentation of a similar healthcare provider be obtained that there is a good faith belief that medical malpractice occurred. This is a heavily contested area of the law, and there are several pitfalls that catch inexperienced attorneys and self-represented individuals off-guard as this area of law is consistently changing.
Obtaining this written documentation is a time-consuming and expensive endeavor that requires obtaining, reviewing, and analyzing all the relevant medical records and legal principles that might apply.
Connecticut General Statutes § 52-190a defines this filing requirement in more detail, and a qualified Waterbury medical negligence attorney could answer further questions during a private meeting.
In Connecticut, there is no cap on the amount that can be recovered in a medical malpractice claim. Generally, the full costs of any medical treatment caused by medical malpractice are one factor in determining economic and non-economic damages. Other factors include:
Investigating medical malpractice claims thoroughly takes a lot of time—often months and sometimes more than a year. For this reason, it is important to contact an experienced medical malpractice lawyer in Waterbury sooner rather than later after discovering this kind of harm, since C.G.S. § 52-584 generally allows you only two years after being hurt by someone else’s negligence to file suit against them. There are ways that this limitation may be extended depending on the circumstances, and a medical malpractice attorney at D’Amico & Pettinicchi, LLC can explain these in more detail.
Not all bad outcomes from a medical practitioner are considered medical malpractice. Identifying potential malpractice, evaluating the strength of the claim, the costs to pursue the claim, and recognizing the applicable time frame to institute legal action are important criteria that one of the seasoned attorneys at D’Amico & Pettinicchi, LLC can assist you with. Call us today to schedule a consultation.