Waterbury Medical Malpractice Lawyer
When you visit a practicing medical professional, you trust that they have the right skill and judgment to treat your injury or illness. Unfortunately, not all practitioners approach their patients with the care and attentiveness necessary for proper treatment, and injuries may occur as a result.
If you have suffered damages as a result of a doctor’s negligence, reach out to a Waterbury medical malpractice lawyer today. With a professional injury attorney at your side, you may be able to hold the negligent parties liable for your injuries. Call today to schedule a consultation.
Elements of a Medical Malpractice Claim
Medical malpractice compensates patients for medical errors committed by their health care providers. Plaintiffs may bring a lawsuit for medical malpractice against physicians, hospitals, and whomever else was responsible for causing the medical error.
There are different types of medical errors that could be used as grounds to sue for medical malpractice. The most common types of medical negligence claims include:
- Failure to diagnose
- Failure to provide proper treatment
- Failure to warn a patient of known risks related to medical treatment
A Waterbury medical malpractice lawyer representing a plaintiff would have to provide evidence that shows four general elements. First, a doctor-patient relationship must have existed between the plaintiff and the defendant at the time of the medical error. Second, the doctor must have deviated from the medical standard of care, thus committing medical malpractice. Third, the doctor’s malpractice must be the cause of the plaintiff’s illness or injury. And lastly, the plaintiff’s injury must lead to specific damages that are compensable in court.
Filing a Medical Malpractice Claim in Waterbury
There are specific steps and requirements that must be followed in order to pursue a medical malpractice claim. The first step is to file the case within the statute of limitations. Pursuant to General Statutes of Connecticut §52-584b, plaintiffs must file their claim within two years of the medical error, unless a tolling exception applies, which could extend the time limit. Failure to file within the statute of limitations results in relinquishing the right to sue for the underlying cause of action. A medical malpractice lawyer in Waterbury might be able to help a plaintiff determine how much time they have left to file.
Connecticut also imposes a reasonable inquiry certification requirement that must be met. General Statutes of Connecticut §52-190a states that injured patients seeking to bring a medical malpractice claim against a health care provider must file a certificate to the court which states the following:
- A reasonable inquiry has been made by the patient and their attorney
- The reasonable inquiry determines that negligence has been committed by the defendant
- The defendant is a health care provider that provided medical care to the plaintiff patient
- The reasonable inquiry gave rise to a good faith belief that a medical malpractice action exists against the defendant
How a Waterbury Medical Malpractice Attorney Could Help
A medical malpractice injury or illness is a tough experience for anyone to go through. Patients rely on medical professionals to heal them, but sometimes errors occur, and further harm results.
A Waterbury medical malpractice lawyer might be able to help you if you suffered as a result of medical negligence. Medical professionals should be held accountable for their mistakes, and you should be compensated for those mistakes when you are on the receiving end of them. To learn more about your potential relief, schedule a consultation today.