Medical Malpractice Lawyers in New Haven
Medical malpractice victims often suffer severe, life-altering injuries that require ongoing treatment or result in death.
If you or a loved one has suffered serious injury or illness due to any form of medical negligence, you may be entitled to compensation. Contact the New Haven medical malpractice lawyers at D'Amico & Pettinicchi today to discuss your case. We serve clients in many cities throughout New Haven County, from Hamden and Milford to Guilford and Naugatuck.
Our attorneys have obtained numerous large settlements for victims of medical negligence throughout Connecticut, including a $3.5 million settlement for a man who suffered brain damage due to an anesthesia error. Partner Mike A. D'Amico has also been nationally recognized for his work on medical malpractice cases. Best Lawyers® named him Lawyer of Year in 2015, 2016 and 2018 for Plaintiff's Medical Malpractice Law in the New Haven metropolitan area.
Call us today for a 100 percent free, no obligation consultation. We work on a contingency fee, meaning you owe nothing unless we recover compensation for your injuries.
Call (866) 848-7077 now to schedule a free, no obligation legal consultation.
Compensation for Medical Malpractice Cases
Many victims of medical malpractice ask us how much their claim is worth. The answer depends on the damages they have suffered and the full cost of those damages.
Some of the damages we may seek compensation for include:
One of the worst parts about medical malpractice is that you may need more medical treatment to repair the damage caused by the malpractice.
Fortunately, if your case is successful, our New Haven medical malpractice attorneys may be able to obtain compensation for all reasonable medical costs for your treatment, both now and in the future. This could include the cost of:
- Surgical procedures
- Physical therapy and rehabilitation
- Medical testing (MRIs, CT scans, X-rays, blood tests)
- Durable medical equipment, such as wheelchairs or canes
- Cost of traveling to appointments with doctors
- Prescription drugs
Medical malpractice victims are often unable to work for days or weeks after their injury, resulting in lost income from the days and times they could not work. Victims also lose wages when they miss work while traveling to a medical appointment for further treatment.
Fortunately, our New Haven medical malpractice attorneys may be able to obtain compensation for all the times you missed work because of your injury. We will collect evidence to build a strong case to prove that your lost wages were caused by medical malpractice injury.
Lost Earning Capacity
In some cases, you will never fully heal from your injuries. This could hurt your future earning capacity because you might not be able to work in the same capacity as you did before.
For example, you might not be able to work in the same field as you did before your injury. Even if you can continue in the same field, you may have to take on fewer responsibilities or reduce the number of hours you work.
If this happens, our New Haven medical malpractice lawyers will seek compensation for the difference between your earning capacity before and after your injury.
Mental Suffering and Distress
This covers the emotional problems caused by your injury, including fear, anxiety, depression and other emotional issues.
We will carefully evaluate your situation to determine the full extent of these issues and how long they occur. This could help ensure you receive fair compensation for these damages.
Loss of Enjoyment
Your physical and mental problems could make it more difficult to enjoy the same leisure activities you did before your injury. We have in-depth knowledge of how to establish that this has happened and the monetary value of this damage.
Loss of Consortium
Your injuries could hurt your relationship with your spouse. For instance, you may not be able to provide the same level of companionship, affection and aid that you once did. Your spouse might not be able to depend or rely on you as much as he or she did before the injury.
A medical malpractice lawyer in New Haven at our firm will know how to carefully evaluate your situation to determine all of the damages you suffered and the value of those damages. He or she will also explain what you should do to properly document these damages and possibly improve your chances of recovering all of the compensation you are entitled.
Call our firm right now at (866) 848-7077.
What are the Benefits of Working with an Attorney?
Medical malpractice cases are often much more complicated than other personal injury cases. This is why it is in your best interest to hire an experienced New Haven medical malpractice lawyer for your case.
There are many advantages to having a reputable attorney at your side throughout the legal process:
We Know How to Investigate These Cases
This is one of the most important parts of building a medical malpractice case. A thorough investigation helps us collect the evidence we need to try to prove malpractice occurred. The investigation also helps us determine an accurate value of all the damages you suffered so we can pursue all of the compensation you are entitled.
We are prepared to take the following steps to thoroughly investigate your case:
- Reviewing medical records, including CT scans, MRIs, laboratory test results and medical charts
- Reviewing video from the operating room when the malpractice occurred, if available
- Interviewing witnesses to learn more about the treatment you received
- Researching the health care professionals who treated you to find past examples of malpractice with other patients
- Consulting medical experts to determine when and where malpractice occurred and how it contributed to your injuries
- Helping you collect receipts and bills for all treatment you received for your injuries
We Know the Procedures for Filing a Claim
One of the things that makes Connecticut medical malpractice cases different from other personal injury cases in the state is that you have to follow certain steps when filing a claim.
State law says that your medical malpractice attorney in New Haven has to make a reasonable inquiry to show there is a good faith belief that negligence occurred. This requires obtaining a written opinion from a health care professional who is similar to the one being accused of malpractice.
If the medical professional being accused of malpractice is a specialist, our attorneys will need to find another health care provider who is:
- Trained and certified in the same specialty
- Certified by the relevant American medical board in the same specialty
If the medical professional who is accused is not a specialist, a similar health care provider would be someone who is:
- Licensed by the appropriate regulatory agency in this state or another that requires the same qualifications
- Trained and experienced in the same medical discipline, as long as his or her training and experience is the result of active involvement in the practice or teaching of medicine over a five-year period before the incident in question
Our experienced attorneys have gone through this process many times before and know how to find a medical professional who meets these requirements.
We Take Cases on Contingency
Injury victims often choose not to work with an attorney because they are afraid of how much it will cost. However, our medical malpractice lawyers in New Haven take cases on a contingency fee basis.
Under the contingency fee arrangement, your consultation with an attorney is free and comes with no obligation to pursue a case. If we determine you have a viable case and you choose to move forward, we will not charge for our services unless you obtain fair compensation for the damages you have suffered.
This allows you to make a decision about your case without worrying about how to afford our services. If you were injured because of medical malpractice, you should not have to worry about money standing in the way of holding a negligent medical professional accountable and recovering compensation.
Contact a New Haven medical malpractice lawyer today by completing a Free Case Evaluation form.
Proving Medical Malpractice
Another advantage of working with our experienced attorneys is that we have a detailed understanding of what constitutes medical malpractice.
Every medical malpractice case must meet the following requirements:
- A doctor-patient relationship existed– This is usually not hard to prove. This relationship is established once you visit a doctor and agree to receive treatment. In some cases, this relationship is established without a formal agreement because the victim received treatment from the medical professional in question.
- The doctor acted negligently – We will need to show that the medical professional did not provide the same level of care that a reasonably competent medical professional would have provided if he or she was in similar circumstances. This is often one of the toughest things to prove in a medical malpractice case. We will need to consult medical experts to determine what the accepted standard of care was in your situation and the specific ways this standard was violated.
- Your injury was caused by negligence – We must establish a direct causal link between the medical professional's actions and your injuries. In other words, we must prove that your injuries would not have occurred if it were not for the medical professional's negligence.
- You suffered damages – This simply means that your injuries created economic or non-economic damages, such as medical expenses or pain and suffering. If there are no damages, there is no basis for a medical malpractice case.
Fill out a Free Case Evaluation form right now.
Types of Medical Malpractice Cases
Our trusted New Haven medical malpractice lawyers handle cases involving many different types of medical malpractice, including:
This occurs when a doctor gives a patient the incorrect diagnosis, fails to diagnose the patient or delays issuing the proper diagnosis. Common examples of this form of medical malpractice include:
- Delayed diagnosis of cancer
- Failing to diagnose cancer
- Failing to diagnose a stroke
- Failing to diagnose depression
- Misdiagnosing a heart attack as something else
- Misdiagnosing fibromyalgia as lupus or chronic fatigue syndrome
These things often occur because doctors misread or poorly analyzed a patient's test results. In other cases, doctors fail to include the correct diagnosis on their list of potential diagnoses when evaluating the patient.
These are injuries that occur during pregnancy, delivery of the baby or right after delivery. Some examples of birth injuries that could be proven to be medical malpractice include:
- Failing to do a cesarean section when it is necessary
- Failing to notice fetal distress that results in injury to the baby
- Injuring the baby during the delivery by improperly using tools to aid in the delivery
- Failing to properly respond to fetal distress to prevent injury to the mother or the baby
These are some of the most dangerous injuries that occur in health care settings because if they are not treated quickly they can result in permanent injury or death.
Some examples of infections that could be caused by medical malpractice include:
- Methicillin-resistant Staphylococcus aureus (MRSA)
- Urinary tract infections
- Surgical site infections
- Clostridium difficile (C. diff)
- Clostridium sordellii
These infections are often caused by using unclean medical equipment or failing to follow the facilities cleanliness policies.
Surgery is always risky because it exposes patients to the possibility of complications. Unfortunately, these risks are magnified when medical professionals do not exercise the reasonable care the situation requires.
Some examples of surgical errors that could be considered medical malpractice include:
- Operating on the wrong body part
- Leaving surgical instruments inside patients
- Damaging internal organs
- Operating without a surgical plan
- Using unclean surgical tools
- Using too much or too little anesthesia
- Causing brain damage by leaving a patient under anesthesia for too long
- Failing to respond properly to problems that arise during the procedure
These are errors that occur with medications that are prescribed to patients, including:
- Prescribing the wrong medication
- Prescribing the incorrect dosage
- Prescribing a drug that can have harmful interactions with other medications the patient is using
If you suffered these or any other form of medical malpractice, contact one of our New Haven medical malpractice lawyers right now.
Call our firm today for a free legal consultation: (866) 848-7077
Can a Patient be Partially at Fault for Medical Malpractice?
There are many cases of medical malpractice where the health care professional is entirely responsible for the victim's injuries.
However, there are other cases where the victim may be partially at fault. For instance, maybe you were a victim of a delayed diagnosis of a disease but things were made worse because there was a delay in you seeking treatment.
Another example is if you suffer injuries because of a medication error. For instance, maybe you were prescribed the wrong medication and it caused you physical harm. If you waited to seek treatment, you may be partially at fault for your injuries.
Situations like these are governed by Connecticut's contributory negligence law. Under this law, you cannot recover compensation if your percentage of fault is greater than that of all other at-fault parties.
If your percentage of fault is less than the other parties, you can still recover compensation but it will be reduced by your percentage of fault. For example, if you were 30 percent at fault, your total compensation award would be reduced by 30 percent.
Our New Haven medical malpractice lawyers have an in-depth understanding of this law and will work to build a strong case to try to ensure it is applied fairly to your case. We do not want you to be assigned more fault for your injuries than you deserve.
Deadline for Filing a Medical Malpractice Claim
Many people are not aware that there is a deadline, or statute of limitations, for filing a medical malpractice lawsuit. If your case is not filed before this deadline passes, we will be unable to file anything.
In Connecticut, the statute of limitations on medical malpractice cases is two years from the date you sustained the injury or two years from the date you found out or should have found out about the injury by exercising reasonable care.
No matter when you discover the injury, you cannot file a claim more than three years from the date of the alleged malpractice that caused your injury.
When you contact a medical malpractice lawyer in New Haven at our firm, we will determine when the statute of limitations on your case started and when it ends. This will help ensure we file your case before the deadline passes.
Schedule your free, no obligation legal consultation right now.
Complete our Free Case Evaluation form today.
Proven New Haven Medical Malpractice Attorneys
There is a heavy burden of proof on injury victims in medical malpractice lawsuits, and you will want a law firm on your side that has experience in this practice area. D'Amico & Pettinicchi has a proven track record of success with malpractice cases in Connecticut.
We will work to help you get the maximum settlement amount for your injury and are prepared to fight for your case in a trial if necessary.
If you or a loved has suffered due to medical malpractice, contact our attorneys today for a free review of your case.