In Connecticut, a medical malpractice lawsuit is filed after a doctor causes a patient injury. The injuries are commonly associated with surgical procedures. However, a surgery isn’t the only event that produces a medical injury. A Personal Injury Attorney in South Windsor CT helps the patient file a legal claim against their doctor.
The Cause of the Patient’s Injury
The exact cause of the patient’s injury must be defined in the legal claim. Additional probabilities could include administering the incorrect medication, faulty medical devices, and a delayed diagnosis. The patient’s medical files must show what happened to them and pinpoint the liability of the doctor.
Defining the Liability of the Doctor
The doctor’s liability relates to direct actions or a failure to provide an adequate duty to the patient. For example, a doctor that refuses to provide updated testing options has failed their patient. The doctor is liable if the patient’s condition worsens because of this decision. A patient with cancer that could’ve been diagnosed at an earlier stage has a viable claim due to this failure.
Procuring a Medical Witness
A medical witness provides testimony about the procedure or identified action. They must possess the same training and accreditation as the defendant. They must understand the basis of how the injury was produced. The witness must explain how the results could have been avoided in the first place. They must present evidence that supports their testimony.
Mediation with the Hospital
The hospital board arranges mediation after they conduct an investigation of the patient’s allegations. The process allows the doctor and patient to provide information. Their attorneys negotiate to determine if they can settle the case out of court. This tactic is used to mitigate the risks of a trial.
In Connecticut, a medical malpractice lawsuit is based on an error or injury that could’ve been avoided entirely. It cannot relate to any risks associated with a procedure or course of treatment. All risks are disclosed when the patient signs a consent form. A patient that has a viable claim contacts a Personal Injury Attorney in South Windsor CT through Kahan, Kerensky and Capossela, LLP. today.
