Connecticut residents’ trust in medical experts is unmatched, with the expectation that their experience and knowledge will lead to better health. However, in unfortunate circumstances, health care may fall short, causing more harm than good. That is when the term medical malpractice comes into play.
Handling medical malpractice is a challenging process that requires you to understand legal aspects and complex terms. Consulting an experienced lawyer can boost the chances of a successful outcome in a case. This article discusses the considerations for those facing medical malpractice issues.
Defining Medical Malpractice
Medical malpractice is basically when a healthcare professional does not stick to the established standard of care, and someone ends up getting hurt because of their treatment. Connecticut is right up there in the top ten states for medical malpractice suits. Last year alone, they racked up 787 cases! With numbers like that, folks in Connecticut really need to be on their toes about making sure they are getting quality healthcare.
The best place to start is by discussing the ways medical malpractice can occur. This includes errors during anesthesia, getting diagnoses wrong, injuring patients by not moving them properly, or even leaving surgical instruments inside a person after closing them up. Additionally, patients may have grounds to sue if they wind up with bed sores from neglect at a facility.
Understanding Medical Standards of Care
Medical standard of care is a common phrase during medical malpractice cases. Experts define it as the level of care that any trained, certified, and experienced healthcare professional should provide in similar circumstances in the same community. State laws, administrative bodies, and courts outline the legal degree of care, so each jurisdiction has its legislature protecting the well-being of residents.
Establishing the Standard of Care
Given the complexities of medical malpractice, contacting a qualified witness is advantageous in your case. That expert should be trained and experienced in the same field as the healthcare practitioner who treated you.
The court will request an expert witness to present evidence proving that the type of treatment received fell below the recommended level. They will also explain how the substandard care resulted in injuries.
Filing the Affidavit of Merit
An affidavit of merit is a document stating that a medical expert has examined the complainant’s case and established that the defendant fell short of the required standard of care. The equivalent of an affidavit of merit in Connecticut is called reasonable inquiry certification.
“The role of an affidavit of merit is to compel the complainant to do their investigation thoroughly and collect evidence proving negligence. This reduces the number of frivolous medical malpractice claims,” says attorney Russell Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers.
The Role of a Medical Malpractice Lawyer
Handling a medical malpractice suit is challenging for non-experts, hence the need to hire a medical malpractice attorney. These lawyers have experience handling cases like yours and will work tirelessly to help you build a stronger claim and get justice.
One critical part of a medical malpractice case is finding the right expert witnesses. Fortunately, established law firms have links to qualified, resourceful, and affordable doctors who can dig into your case to establish the cause of your harm.
Conclusion
When healthcare experts fail to treat their patients according to the recommended standard of care, it can lead to harm. If you are a victim of substandard treatment in Connecticut, you can file a medical malpractice claim. It is best to work with a qualified local lawyer who will guide you through the complexities of your case.
