We expect to receive the best possible care and attention when we visit a healthcare professional. We place our health and, in many cases, our lives in the hands of doctors and other healthcare providers. However, medical professionals may fail to provide appropriate treatment, leading to harm or injury to the patient. When this happens, it can feel like betrayal.
Statistically speaking, up to 120,000 Americans die due to medical negligence annually. While the laws governing medical malpractice vary significantly from one state to another, the general rule is that a harmed patient can seek compensation for their losses if a healthcare provider is negligent in their practice.
But how do you prove medical negligence to obtain the compensation you rightfully deserve? Below, we discuss some things you need to know about proving medical malpractice, provide answers to some of the most frequently asked questions about medical negligence and how a Bridgeport medical malpractice lawyer can help you with legal procedures.
When building a successful case for medical negligence, you must prove each of the following four elements:
To make a claim for medical malpractice, you need evidence, including:
The evidence required to support a medical malpractice claim may vary from one case to another. While some of the above-mentioned pieces of evidence may be readily available, collecting certain pieces of evidence may require the legal help of an attorney.
The effort it takes to prove that a healthcare provider was negligent in providing medical care depends on the unique facts of your case.
These factors can make proving medical negligence more challenging:
Navigating the legal system when trying to prove medical negligence may be a task too overwhelming for someone who has suffered harm due to a doctor or hospital. That is why you may benefit from letting a lawyer take the lead in your legal case while you focus on your recovery.
When looking for medical malpractice lawyers, you need to find a lawyer with the necessary experience to handle your claim and present your case in the best possible light.
Are you considering filing a medical malpractice claim but have a few questions before you get started? You might want to check our FAQ section below for some answers. For further guidance, schedule a consultation with a lawyer and discuss your specific case.
In medical malpractice cases, the standard of care is the level of care and treatment that is expected, reasonable, and appropriate for healthcare providers to provide. The standard of care depends on what a competent healthcare provider should do under similar circumstances. When a medical professional fails to meet the standard of care, it can result in medical negligence that can lead to injuries or other negative outcomes.
No, the mere dissatisfaction with the result of medical treatment or surgery is not necessarily medical malpractice. It is medical malpractice when a healthcare provider fails to provide the accepted standard of care, which leads to an injury or harm to the patient. Consult a lawyer to discuss your case and determine if your situation warrants legal action.
The statute of limitations for medical malpractice claims varies from state to state. Generally, it ranges from one to three years from the date the patient suffers or discovers harm. However, some states may have shorter or longer statutes of limitations. In Connecticut, a victim of medical malpractice has two years from the date of the injury to sue a negligent healthcare provider for the harm they have endured (CT Gen Stat § 52-584).
If the victim does not realize their injury right away, which is common with medical injuries, the clock starts ticking from the date they discovered or should have reasonably discovered the injury. However, most victims cannot bring a medical malpractice case later than three years from the date of the negligent act (the “statute of repose” in Connecticut).
Time is of the essence, so always seek a free consultation with a medical malpractice attorney near you as soon as possible.
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