Connecticut Medical Malpractice: Laws, Claims and Damages
UPDATED: March 7, 2012
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CONNECTICUT MEDICAL MALPRACTICE
A Connecticut medical malpractice claim arises when a medical care provider injures a patient while administering substandard treatment. Such an action is referred to as medical negligence on behalf of the medical care provider. A medical care provider who has injured a patient by their medical negligence is liable to the patient for damages caused by their negligence in a medical malpractice suit. The following are examples of some of the actions by a Connecticut medical care provider that could lead to a medical malpractice claim:
- Birth injuries;
- Delay in treatment of a condition, or the wrong treatment;
- Unreasonable diagnosis;
- Errors in filling a prescription;
- Failure to diagnose/unreasonable diagnosis/misdiagnosis (e.g. of heart attack or cancer).
An injured patient should contact a Connecticut medical malpractice attorney as soon as possible if they believe they have been injured by a medical provider’s substandard treatment.
Who Can Be Sued in a Connecticut Medical Malpractice Case?
Connecticut defines a medical care provider as any individual or entity licensed to provide medical care to an individual. Any health care provider can be held liable for medical malpractice if they injure a patient while acting below the industry standard of care. This includes, but is not limited to, doctors, nurses, dentists, hospitals, medical groups, or hospice care programs. If a patient is unsure whether they sustained injuries at the hands of a Connecticut medical care provider, they should contact a medical malpractice attorney to assist them in their inquiry.
Connecticut Medical Malpractice Statute of Limitations
In Connecticut, the statute of limitations to bring a medical malpractice claim depends on the facts of your case. Generally, an action for a medical malpractice claim must be filed within two years of the negligent act. However, if the injury was not discovered at the time of the negligent act, then a patient can bring a claim for medical malpractice within two years of the date the injury was discovered, or two years within the date the injury reasonably should have been discovered. However, in no case can a claim be brought more than three years after the date of the negligent act. This statute of limitations applies to claims of both minors and adults. Because your claim will be barred if you miss the statute of limitations deadline, it is important to consult a medical malpractice attorney as soon as you believe that you have been injured by the negligent act of a Connecticut health care provider.
Caps on Medical Malpractice Claims in Connecticut
In medical malpractice claims, a patient can collect economic, noneconomic, or punitive damages. Noneconomic damages account for all other losses but the financial ones. Punitive damages are used to punish a medically negligent health care provider when they have acted willfully or maliciously. None of these damages are limited by Connecticut statutes, and are generally determined through either negotiation or by the Connecticut court at trial. After reviewing the facts of your case, a medical malpractice attorney will help you to determine the appropriate amount of damages to claim.
Filing a Connecticut Medical Malpractice Claim
A medical malpractice claim is a complex action both in negotiation and litigation. For this reason, a patient should enlist the help of a Connecticut medical malpractice attorney with the skills and experience necessary before filing a claim. Leading up to trial, witnesses must be deposed and expert witnesses will most likely have to be hired. Injured patients want an experienced advocate on their side to balance out the insurance attorneys that will surely be on the side of the defense. Furthermore, there may be multiple defendants, with multiple defense teams, in one medical malpractice case. To ensure that the patient gets the best recovery possible, a Connecticut attorney with expert knowledge of medical malpractice should be hired to handle the claim, as any mistakes in filing or negotiation could be severely detrimental to the injured patient’s case.
Connecticut Medical Malpractice Laws
- Civil Actions: Limitation of action for injury to person or property caused by negligence, misconduct or malpractice. Title 52, Chp. 926, § 584.