Medical Malpractice Attorney in Connecticut

Medical malpractice lawyers represent victims of medical malpractice. Some of the key roles and responsibilities of these lawyers include but are not limited to the following:

• Investigating the client's case to determine whether it is valid.
• Consulting with medical experts to review medical records and determine whether substandard care was provided to the victim.
• Gathering relevant evidence to build a strong case against the liable party.
• Creating a legal strategy to pursue the medical malpractice claim or lawsuit.
• Preparing legal documents, such as complaints, motions, and pleadings.
• Negotiating with insurance companies and other parties involved in the case.
• Representing clients in court, arbitration, or mediation.
• Advocating for clients' best interests during the legal process.
• Evaluating settlement offers and advising clients on the best course of action.
• Communicating with clients regularly to keep them informed about the progress of their case.
• Providing legal advice and guidance to clients throughout the entire legal process.

While many factors are worth considering when looking for a medical malpractice lawyer, we've narrowed it down to the most critical. These include:

Experience handling medical malpractice cases: The more experienced the attorney is, the higher your chances of obtaining favorable results. For example, Morgan & Morgan has handled numerous medical malpractice cases since 1988.

A strong reputation in the legal community and beyond: You want a lawyer or law firm whose reputation alone increases your chances of settling the case. That's what Morgan & Morgan represents; we are America's largest injury firm.

A high success rate in handling medical malpractice cases: You also need an attorney or firm with a proven track record of winning. To put things into perspective, Morgan & Morgan has so far recovered over $25 billion for the injured.

Access to powerful resources to handle your case effectively: Medical malpractice cases are extremely complex, primarily because they usually involve huge settlements. For this reason, you should expect the other party to use all resources available to fight back against your claim. As a result, you need an attorney with access to more powerful resources to build a solid case to defend your rights.

You do not need any upfront fees to hire such an attorney. This is because they usually use the contingency payment system. Here is how it works.

Under this system, the lawyer only gets paid only if the client wins the case or obtains a settlement. In other words, the lawyer's fee is contingent upon the outcome of the case and is typically between 33% to 40% of the settlement or verdict.

To understand just how important it is to hire a medical malpractice lawyer in Connecticut to fight for you or a loved one, let's explore some of the challenges you will likely encounter without an attorney.

Complex Legal and Medical Issues

Medical malpractice cases involve complex legal and medical issues. As a result, it can be challenging, even for some beginner lawyers, to navigate the legal system.

Heavier Burden of Proof

Another common challenge is that these cases require you to prove that the healthcare provider's negligence caused your injuries. Now that's the difficult part. Proving medical malpractice requires expertise in the medical field, including understanding the medical standards of care and how they were breached in a specific case.

Sadly, that alone is not enough to win the case. This is because medical professionals are usually more protected from lawsuits, unlike many other professions. This protection is designed to discourage the other parties from suing medical professionals unless in extraordinary circumstances.

So, why would states protect medical workers from lawsuits? First, healthcare workers are essential workers. Making it easy to file lawsuits against them could mean dealing with a shortage of healthcare workers, something no state wants. Secondly, not every case qualifies as malpractice, which explains the heavy burden of proof.

Expensive Investigations

The higher the burden of proof, the more expensive it is to investigate and prove liability. Medical malpractice cases require extensive investigation, which can be expensive. As a result, gathering and presenting this evidence can be challenging for individuals without legal experience and financial power. That also explains why you need a lawyer or firm with powerful legal resources to handle such a case.

Time-Consuming Processes

Pursuing a medical malpractice claim is time-consuming. This is because it requires significant effort and resources, including but not limited to filing complex paperwork full of legal jargon, attending court hearings, and communicating with opposing counsel.

Emotional Distress

The other party will likely try to frustrate your claim to avoid liability. As mentioned, medical malpractice claims usually have higher settlement values. As a result, the constant frustration from the other party can be emotionally challenging for the victim, especially if they have suffered serious injuries or lost a loved one. 

Medical malpractice claims that involve a lawyer have a higher chance of settling than when you don't have an attorney to fight for you. However, it all narrows down to the specific kind of legal representation you obtain to pursue the claim. If you obtain a lawyer who meets the above mentioned requirements, you'll likely have a good chance of settling. Other factors, such as the strength of the case, the damages involved, and the defendant's willingness to settle, will also influence your chances of success.

Medical malpractice occurs when a healthcare provider harms a patient by failing to provide an acceptable standard of care. Here are some common types of medical malpractice:

• Misdiagnosis or delayed diagnosis, resulting in delayed or inappropriate treatment.
• Surgical errors, such as operating on the wrong body part, leaving surgical instruments inside a patient, or damaging surrounding tissue.
• Medication errors, such as prescribing the wrong medication or dose or failing to account for allergies or drug interactions.
• Birth injuries due to failure to provide adequate prenatal care or when complications arise during labor and delivery.
• Anesthesia errors, including administering too much or too little anesthesia, failing to monitor a patient's vital signs during a procedure, or failing to properly intubate a patient.
• Failure to obtain informed consent before performing any medical procedure or treatment. 

Your attorney's contribution aside, you can do certain things to strengthen your case and improve your chances of winning. Here are some tips to consider.

• Collect all medical records, test results, and other documents related to your case.
• Obtain statements from any witnesses who may have observed the medical treatment or procedure.
• Keep detailed records of your symptoms, treatments, and any other medical-related information. This can help you and your lawyer build a strong case.
• Medical malpractice claims have time limits known as statutes of limitations. If you take too long to file a claim, you will lose your right to recover damages. More on this below.
• Always be honest with your lawyer and provide all relevant information about your medical condition and treatment. This can help your lawyer build a strong case and avoid surprises during the trial.

The statute of limitations on medical malpractice cases in Connecticut is two years from the date that the injury occurred. But there are some exceptions to this rule, most notably the statute of repose, which allows the injured or their representatives to file claims within three years from the date of injury in cases where a foreign object was left inside the body.

Similarly, if the malpractice occurred when the patient was a minor, the statute of limitations may be extended. Additionally, an extension may be granted if the healthcare provider committed fraud, intentionally concealed their wrongdoing, or continued to treat the patient for the same condition after the malpractice occurred.

The types of recoverable damages in medical malpractice will depend on the facts of your case. That said, plaintiffs mostly recover economic and non-economic damages. However, in cases where the defendant's actions were particularly egregious or reckless, the plaintiff may recover punitive damages.
That is why it is always advisable to consult an attorney to review your case and determine what damages you may be entitled to.

Keep in mind that the attorney you choose to represent will influence the outcome of the case. For instance, if they lack powerful resources to build a strong claim, chances are they will have to settle for less than you deserve (that is, if they are lucky enough to even settle).

A typical case of medical malpractice should meet the following requirements:

• The healthcare provider must have breached the standard of care, meaning they failed to provide the same level of care that a similarly trained healthcare provider would have provided under similar circumstances.
• You must have suffered an injury due to the healthcare provider's breach of the standard of care. Keep in mind that it is not enough to simply show that they made a mistake; there must be a connection between the mistake and your injury.
• You must show that the healthcare provider's actions or inactions caused your injury.
• You must have suffered damages due to your injury, such as medical bills, lost wages, and pain and suffering.

The kind of evidence you will need to support a medical malpractice claim will depend on the unique details of your case. That said, some common types of evidence for such cases include:

• Medical records
• Expert testimony
• Witness testimony
• Photographs and videos
• Employment records
• Documentation of expenses

As you have learned, medical malpractice cases are complex. You will likely encounter different problems in your pursuit of compensation. But you should not have to go through this alone; our medical malpractice lawyers in Connecticut understand your pain and are ready to fight for your rights.

And as the nation's largest injury firm, we have the resources, experience, and track record to pursue such complex claims. So when you hire us to represent you, you will not have to worry about settling for less unless it is your best option. This is because we do not leave any stone unturned in the fight for compensation.

Act fast. Contact us today for a free case evaluation.