New Britain Medical Malpractice Lawyers
People rely on hospitals, medical facilities, doctors, nurses, surgeons and other medical professionals to help manage their health issues. Unfortunately, some patients suffer injuries due to reckless actions by medical professionals who are supposed to help ensure their well-being.
When this happens, the medical professionals who treated you could be held liable for medical malpractice. You could be entitled to compensation for the damages you incurred from your injuries, such as medical expenses, lost wages, lost earning capacity, and pain and suffering. A New Britain medical malpractice lawyer can assist you with every aspect of the legal process, from filing a claim on your behalf, investigating the incident, properly valuing your claim and negotiating compensation. The attorneys at D'Amico & Pettinicchi have helped numerous victims of medical malpractice obtain fair compensation. In 2018, partner Mike A. D'Amico was selected as Lawyer of the Year by Best Lawyers® for Medical Malpractice Law.
We are prepared to help victims of many types of malpractice that happened at medical facilities and hospitals in the New Britain area, including The Hospital of Central Connecticut. We work on a contingency fee basis, this means there are no costs up front and you will not be charged legal fees unless you receive compensation.
Compensation for Medical Malpractice Damages
Medical malpractice victims may not realize the various forms of compensation they could be entitled after a medical malpractice injury. For example, victims may think about recovering compensation for medical expenses and possibly lost wages, but there are many other forms of compensation you may be entitled. Learn more about medical malpractice compensation below:
Our attorneys may be able to pursue compensation for all medical expenses created by your injury, including past and future medical costs. These costs could include:
- Physical therapy
- Appointments with doctors
- Durable medical equipment, like a wheelchair
- Medical testing, like X-rays and CT scans
- Cost of traveling to your appointments
- Prescription drugs
Make sure to keep receipts and bills from any medical expenses created by medical malpractice. This will help our attorneys to add up the full cost of these damages to help ensure you are fully compensated.
Your injuries might cause you to miss days or weeks of work – either you are in too much pain to work or your doctor prohibited you from returning to work until your condition improves. Unless you pursue a medical malpractice claim, you might never recover the money you lost from those days you missed work.
If you miss work because of your injury, keep records of the days you missed and your rate of pay. You may need to ask your employer for a letter noting the days you missed work and your rate of pay.
Lost Earning Capacity
Some medical malpractice victims have permanent injuries that affect their ability to continue working in the same capacity as before. For example, maybe they can no longer work the same number of hours or with the same amount of responsibilities as before. In more serious situations, victims must go into a completely new line of work.
If our New Britain medical malpractice lawyers can prove your injury was a result of medical malpractice, you may be entitled to compensation for this lost earning capacity.
Victims of medical malpractice often experience psychological problems as a result of their injuries. This could include things like fear and anxiety. Some people end up having trouble sleeping because of their emotional distress.
You should strongly consider keeping a journal documenting the emotional issues you experience after your medical malpractice injury. This could be a crucial piece of evidence and allow our New Britain medical malpractice attorneys to prove the full value of your mental suffering.
Injuries can sometimes have a negative impact on your relationship with your spouse. Victims may not be able to provide the same amount of love and affection as they did before their injury. Sometimes spouses may not be able to rely on victims the way they used to.
If you were a victim of medical malpractice, you should contact a New Britain medical malpractice lawyer right away. This will help ensure he or she has enough time to build a strong case and pursue the full value of your damages.
Call D'Amico & Pettinicchi today at (866) 848-7077.
Common Examples of Medical Malpractice
Our medical malpractice lawyers in New Britain are prepared to pursue many different kinds of medical malpractice cases. Some of the most common forms of medical malpractice that lead to lawsuits include:
Serious injuries can be caused by errors with medications, from heart attacks, blood clots, excessive bleeding and stroke. Common examples of medication errors include:
- Prescribing the wrong medication
- Giving a patient an incorrect dose of a drug
- Prescribing drugs that have harmful interactions with other medications you are taking
- Prescribing one drug when there is a safer alternative
- Failing to monitor a patient after prescribing a medication
- Failing to prescribe a new drug when a patient is suffering side effects from a previously-prescribed medication
- Writing a prescription so it is very difficult to read, causing the patient to receive the wrong drug
Failure to Diagnose/Misdiagnosis
Doctors can cause patients to suffer serious or life-threatening injury by failing to correctly diagnose a patient. If a patient has cancer but his or her doctor diagnoses him or her with something else, or fails to diagnose anything, the cancer can spread and become untreatable. Even if it is treatable, the options may be extremely painful or invasive.
Another problem with misdiagnosis is that a doctor could begin treating a patient for another disease. Treatment could cause a whole host of side effects, and the existing illness will continue to worsen.
Some of the medical conditions that are commonly misdiagnosed or simply not diagnosed include:
- Heart attacks
There is always a risk of something going wrong during surgery, no matter how minor or routine the procedure may be. Patients could suffer an infection, excessive bleeding, organ damage, or other injuries.
Sometimes injuries during surgery were caused by the negligence of the surgeon and others involved in the procedure. Common examples of surgical errors include:
- Performing a procedure on the wrong patient
- Leaving tools inside patients during surgery
- Failing to properly sanitize surgical instruments
- Leaving a patient under anesthesia for too long
- Perforating organs or blood vessels
- Not handling problems that come up during surgery in an appropriate manner
- Failing to obtain informed consent for the procedure
- Not having a plan for the surgery or failing to follow the plan
Childbirth is supposed to be a happy time when parents welcome their child into the world. Unfortunately, a lot of things can go wrong during the process that can cause severe injury to the mother and baby.
Some types of birth injury medical malpractice include:
- Failing to appropriately handle problems during labor, such as fetal distress caused by a lack of oxygen
- Failing to monitor fetal heart rate
- Failing to induce labor or do a cesarean section when it is appropriate because the baby or mother are having problems
- Negligent use of delivery tools, causing injury to the baby, such as loss of oxygen
- Failing to diagnose problems with the baby before delivery
These forms of neglect can result in severe, life-changing injuries, such as cerebral palsy. If you or a loved one was a victim of medical malpractice, a medical malpractice attorney in New Britain may be able to help you.
Contact our firm today for a free, no obligation legal consultation.
Building a Medical Malpractice Case
Any person who is licensed to provide medical care in the state of Connecticut could potentially be held liable for medical malpractice. This includes:
- Hospital staff
You may also be able to file a lawsuit against a hospital, medical facility or medical group. This depends on the circumstances of your injury.
If you decide to pursue legal action, you must prove that you and your attorney made a reasonable effort to determine there were grounds for a good faith belief that negligence took place. You must have a health care provider similar to the one being accused of medical malpractice write an opinion that there is a good faith belief malpractice occurred.
Our New Britain medical malpractice lawyers can ensure the health care provider who writes this opinion meets Connecticut's requirements. Practitioners who are not specialists must be:
- Licensed by an appropriate regulatory agency
- Have training and experience in the medical discipline of the provider who caused your injury – experience refers to active involvement in practice or teaching within five years of when the incident occurred
Practitioners who are specialists must meet the following requirements to write a certificate of good faith:
- Training and experience in the same specialty as the practitioner being accused of malpractice
- Certification from the appropriate American agency in the same specialty as the accused
After filing a lawsuit with the certificate of good faith, we must prove malpractice occurred. There are four elements of medical malpractice:
- Doctor-patient relationship – This is usually very easy to establish. You simply need to prove the doctor agreed to treat you and you agreed to this arrangement. Once there is a doctor-patient relationship, the doctor will have a duty of care. This is a legal requirement to provide medical care that is similar to what a similarly-trained medical professional would have provided if he or she was in the same situation.
- Breach of the duty of care – This means the doctor or other medical professional did not uphold the duty of care for the situation. This could mean the doctor acted negligently or simply failed to act – either of those may qualify as medical malpractice. Our New Britain medical malpractice lawyers are prepared to consult medical experts and do a comprehensive investigation to determine the standard of care for the situation and how it was breached.
- Link between breach of duty of care and injury – In other words, you must show that your injuries resulted from medical malpractice and not something else, like a pre-existing medical issue or injury. This can be very difficult to prove, particularly if medical malpractice simply caused your condition to worsen. Your lawyer may have a tough time proving your cancer got worse because of medical negligence, particularly if you had already been diagnosed with the disease before malpractice occurred. This is why having an experienced attorney could be a big advantage to your case.
- There were damages – This means your injuries resulted in damages, such as medical bills or pain and suffering.
Our New Britain medical malpractice attorneys have in-depth knowledge of Connecticut laws on medical malpractice and what it takes to build a strong case. We can handle every aspect of the legal process, including a comprehensive investigation to uncover medical malpractice.
Statute of Limitations for Medical Malpractice Claims
Every lawsuit has a statute of limitations that sets a deadline for filing a lawsuit. If you miss the deadline, you will likely be unable to file a lawsuit.
Connecticut's statute of limitations for medical malpractice cases is two years from the date you were injured or the date you should have found out you had grounds for filing a lawsuit. However, there is also a statute of repose of three years. This means you cannot file a lawsuit more than three years after malpractice occurs, no matter when you discover it.
It is possible to get a 90-day extension of the statute of limitations if you require time to do a reasonable inquiry into your claim. You must petition the clerk of the court for this type of extension.
You may be thinking you have plenty of time to contact an attorney about filing a lawsuit, but two years can pass very quickly. It takes time to thoroughly investigate malpractice and build a case. The practice of medicine is very complicated and it can be difficult to determine the standard of care and how it was violated. We must also connect the actions of the medical professional to your injuries.
It is best to contact an attorney as soon as you think you may have been a victim of medical malpractice. At our firm, it costs nothing to talk to an attorney about what happened so we can determine if you have a case.
Contact our firm today to learn more about your legal options. Call (866) 848-7077.
Contact a New Britain Medical Malpractice Lawyer
Medical malpractice can be very difficult to prove, particularly on your own. The law is complicated and so is investigating these situations.
Our attorneys have many years of combined experience investigating these cases and know what it takes to be successful. We can evaluate your situation in a free consultation and determine if it might be in your best interest to pursue a claim.
You will not be charged for our services unless you receive compensation at the end of the legal process. This means there is no risk to you in contacting us.
Fill out a Free Case Evaluation form today.