Medical malpractice is a legal term used to describe a violation of the duty of care that a health care provider owes to a patient. In Connecticut, medical malpractice occurs when a healthcare provider, such as a doctor or a nurse, fails to meet the medical standard of care in treating a patient, resulting in the patient’s harm.

What Are The Requirements for A Medical Malpractice Case in Connecticut?

A medical malpractice case in Connecticut requires four elements to be proven in order to succeed. These elements are:

Duty of Care

The patient must prove that there was a doctor-patient relationship in which the healthcare provider had a duty of care to exercise reasonable care and skill.

Breach of Duty

The patient must prove that the healthcare provider breached their duty of care by acting negligently, recklessly, or intentionally. This means that the healthcare provider deviated from the accepted standard of medical care for their profession.

Causation

The patient must prove that the healthcare provider’s breach of duty was the cause of the patient’s injury or harm. This means that the healthcare provider’s actions or inactions directly led to or contributed to the patient’s harm.

Damages

The patient must prove that they suffered damages or harm as a result of the healthcare provider’s breach of duty. This can include physical, emotional, or financial harm such as medical bills, lost wages, and pain and suffering.

Who Can Be Held Liable in A Medical Malpractice Case in Connecticut?

In Connecticut, any healthcare provider can be held liable for medical malpractice, including doctors, nurses, chiropractors, dentists, and other medical professionals. Additionally, hospitals and other medical facilities may also be held liable for the actions of their employees.

How Can a Medical Malpractice Case Be Proven in Connecticut?

In a medical malpractice case in Connecticut, the patient has the burden of proving that the healthcare provider breached their duty of care and that this breach caused their injury. To prove these elements, the patient’s attorney may gather evidence through the following methods:

• Obtaining medical records and other relevant documentation
• Consulting with medical experts to prove the standard of care and breach of duty
• Interviewing witnesses and obtaining testimony
• Analyzing video or audio recordings of the medical procedure or interaction
• Investigating the healthcare provider’s background and history for similar incidents

What Is the Statute of Limitations for a Medical Malpractice Case in Connecticut?

In Connecticut, the statute of limitations for a medical malpractice case is two years from the date that the patient knew or should have known about the harm caused by the healthcare provider’s breach of duty. However, Connecticut also has a statute of repose, which limits the time frame for filing a malpractice suit to three years from the date of the alleged malpractice, regardless of when the patient discovered the harm. It’s essential to consult with an experienced medical malpractice attorney to determine the relevant time limits in a specific case.

What Damages Can Be Recovered in a Medical Malpractice Case in Connecticut?

In a medical malpractice case in Connecticut, the patient may recover economic and non-economic damages, including:

• Medical expenses: The cost of medical care and treatment related to the malpractice
• Lost wages and future income: Any income lost due to the injury, as well as any future earnings lost due to the injury
• Pain and suffering: Any physical pain, emotional distress, or loss of enjoyment of life caused by the injury
• Punitive damages: These are awarded in the rare cases in which a healthcare provider’s actions were particularly egregious.

Conclusion

Medical malpractice cases in Connecticut require a careful and thorough analysis of all four elements of the case. If you or a loved one has been injured due to a healthcare provider’s malpractice, it’s important to consult an experienced attorney who can guide you through the legal process. Understanding the legal requirements and potential outcomes can help you make informed decisions about your case.