An Overview of Filing a Medical Malpractice Lawsuit
Posted on behalf of Michael D'Amico of D'Amico & Pettinicchi, LLC on Oct 10, 2014 in Medical Malpractice
The average resident of Connecticut does not have a medical education. Because of this when someone is injured or becomes ill, they seek assistance from a medical professional such as a doctor. While in many cases the care received is beneficial and improves the health of the person seeking medical attention, this is not always the case. In some instances the care provided actually makes the patient’s health worse and may even lead to their death.
There is no question that someone facing this type of situation is often overwhelmed. While the main focus of someone who is still alive, but facing a more difficult medical situation, is obviously to try to heal, they may want to explore legal options as well. The same goes for the family members of a patient who dies as a result of the care provided by a health care professional.
To be a viable lawsuit several elements must exist. The first is that the medical professional must have owed a duty to the patient. Second, that duty must have been breached. Last, that breach must be the proximate cause of damage or harm to the patient.
Just what duty is owed to the patient by the health care provider depends on a variety of things. In general however, it is the degree of care, skill and diligence that is expected by a competent doctor in circumstances that are similar.
In a successful medical malpractice lawsuit the claimant will receive financial damages for the harm inflicted. This compensation can be of great assistance to individuals dealing with serious medical issues or the loss of a loved one. Contact a personal injury attorney to learn more about your legal options.
Source: FindLaw, “Medical Malpractice Overview" Accessed Oct. 10, 2014