Medical malpractice is when a healthcare provider or medical professional makes a foreseeable error or mistake that causes you significant harm or additional injuries. Medical errors may account for over 250,000 deaths in the US each year, making medical errors the third leading cause of death in the United States. When you file a claim for medical malpractice, you must prove that the medical professional had a duty to care for you and failed to provide a minimum standard of care. If you or your loved one have suffered due to a doctor or other medical professional’s negligence, you deserve compensation for your injuries.
Medical Malpractice Causes
In our experience, here are the common reasons medical malpractice occurs:
Surgical errors
Surgical errors are the most common type of medical malpractice. Surgical errors can happen when the surgery is improperly performed or when surgical equipment is accidentally left behind.
Misdiagnoses
Early detection is a key factor in your chances of survival when facing a serious medical condition like cancer or stroke. Failing to diagnose a disease accurately can have catastrophic effects on your health. Misdiagnoses often occur when you experience symptoms that align with other conditions. The doctor may diagnose you with a disease but fail to run a full scope of tests, misread lab results, or refuse to listen to all of the symptoms you are experiencing. When this happens, your doctor may attempt to downplay your other symptoms to align with their initial diagnosis.
Medication Errors
Medication errors can be one of the costliest types of medical malpractice claims. Medication errors occur when a medical professional prescribes the wrong medication or dosage. Medication errors can also include injuries caused by reactions to mixed medications or mislabeling medicine.
Birth Injuries
Injuries that your baby suffered during the birth process can be a part of a medical malpractice claim in certain situations. Birth injuries can lead to lifelong care needs.
Anesthesia Errors
When a medical professional fails to administer anesthesia properly, you may be eligible to file a medical malpractice claim. Failing to properly monitor oxygen and heart levels while under anesthesia are another type of anesthesia error.
Determining Whether Medical Malpractice Has Occurred
Proving medical malpractice can be challenging. Here are some signs that medical malpractice may have occurred:
Worsening Condition
When your condition continues to deteriorate despite numerous diagnoses, doctor appointments, and strict treatment regimes, a medical error may be to blame. If no improvement is made, even after months or years of receiving a diagnosis and being regularly treated, medical malpractice may be to blame.
Elusive or Vague Communication
Seeing a doctor often for the same problem without getting better is frustrating. It is even worse when your doctor cannot give you a clear answer about what is wrong. If your doctor keeps changing your treatment plan, fails to give you straight answers, and fails to communicate well regarding your diagnosis, it might be a sign of medical malpractice.
Delayed Diagnosis
Early diagnosis is the key to proper treatment. If a medical professional delays your diagnosis, you could face serious conditions and injuries as your condition gets worse without a proper treatment plan.
Dismissing Your Symptoms Prematurely
When a medical error occurs, your doctor may attempt to dismiss or downplay your symptoms to fit the diagnosis they’ve already made to cover up their mistake.
Ineffective Office Staff or Systems
Even the best doctors can make mistakes if their office is disorganized or ineffective. Improper handling of medical files, understaffing, and inexperienced team members can contribute to medical errors with an inefficient office system.
How to File a Medical Malpractice Claim
The process of filing a medical malpractice claim is complicated. Working with an experienced medical malpractice lawyer in Connecticut is crucial to ensure you follow the legal requirements necessary to file your claim.
The first step in filing a medical malpractice claim is to receive a certificate of good faith, a written opinion from a medical expert in a similar field about your condition and whether a breach of care occurred. If the medical expert believes your doctor breached their duty to care for you, they can write an official opinion that must be included with your lawsuit. This opinion shows that you and your legal team made a conscious effort to show that medical negligence has occurred. The medical expert must meet the qualifications notated in Connecticut General Statute § 52-184c (2024). Once suit is filed both sides will exchange documents and collect testimonies during the discovery phase. Many malpractice cases settle and never go to trial. The case will go to court if a settlement cannot be reached.
You must file your medical malpractice claim within two years from the date of the negligent act or mistake complained of to file your claim.
Moore, O’Brien & Foti: Medical Malpractice Lawyers in Connecticut
If you or a loved one have suffered due to a medical professional’s foreseeable mistake or error, you may be the victim of medical malpractice. Contact our team at 203-586-0022 for a consultation. We represent victims of medical malpractice and other personal injury cases in Middlebury and throughout Connecticut. You do not pay us unless we recover compensation for you. Let us help you get the compensation you deserve for your injuries.