When you visit a healthcare provider for help with a medical condition, you have the right to expect the highest quality of care. When doctors, nurses, and other medical professionals cause injuries by failing to follow the proper guidelines and give an adequate level of care, the court can hold them accountable. An experienced Avon medical malpractice lawyer can help.
If you can establish liability, you may be able to collect compensation for your injuries. Our Avon personal injury lawyers at Claggett, Sykes & Garza are here to help you get the justice you deserve. Reach out to our experienced legal team today for more information or to schedule a free case consultation.
Establishing Medical Malpractice in Civil Court
Specific elements must be present to recover damages in medical malpractice cases. A successful claim will need to prove that your damages were the result of negligence or intentional harm. To establish negligence, you must prove four elements.
The Provider Owed You a Duty of Care
The action must establish a doctor-patient relationship. Doctors, nurses, and any certified healthcare professional have a duty to provide patients the same quality of care that others in the same field would reasonably provide.
The Healthcare Professional Breached the Duty of Care
When a certified medical professional deviates from the standard of healthcare within their field, they breach their duty of care. When this breach results in injuries, it becomes grounds for a lawsuit.
The Defendant’s Breach Caused You to Sustain Injuries
A medical malpractice claim must also show that the breach of duty was the direct cause of your injuries and that you would not have sustained damages if it weren’t for the failings of your healthcare provider.
You Suffered Verifiable Damages
The final element of a medical negligence claim is verifiable damages. You must have evidence that you suffered injuries that led to out-of-pocket and non-monetary damages. An Avon medical malpractice attorney can determine whether these elements are present in your case and take legal action accordingly.
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Recovering Damages in Medical Malpractice Lawsuits
After you prove that your healthcare provider was responsible for your losses, you can pursue a variety of damages. Identifying all the types of damages that apply to your case is critical for recovering the full value of your claim.
Some of the compensatory damages most commonly available in medical malpractice cases include:
- Medical bills
- Future medical expenses and the cost of ongoing care
- Permanent disability
- Scarring and disfigurement
- Loss of income
- Diminished earning capacity
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium or companionship
- Decreased quality of life
A compensation award is made up of economic and non–economic damages. Economic damages cover monetary losses, while non-economic damages cover the personal impact of your losses. The purpose of award amounts is to restore the claimant to their financial position before the accident and help compensate for the loss of their enjoyment of life.
A medical malpractice attorney serving Avon can help you calculate your economic and non-economic losses to pursue a compensation award that accounts for all of your past, present, and future costs.
A Certificate of Good Faith Is Required
There are additional steps to take when filing a medical malpractice lawsuit as opposed to another personal injury suit. Under the Connecticut General Statutes Section 52-190a, you must file a certificate of good faith before commencing legal action against a healthcare provider.
The filing must certify that you or your legal representation made a reasonable inquiry to determine negligence before filing suit. It must affirm that there is reason to believe that the defendant caused your injuries through negligence.
An Avon medical malpractice lawyer can assist with the process of providing a certificate of good faith and getting in touch with the necessary experts.
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Deciding Whether to Settle or Take Your Case to Trial
When pursuing compensation after suffering damages caused by medical malpractice, one of the biggest questions injury victims have is whether to settle their case or go to court.
Many factors will weigh into this decision, and you should always consult an experienced medical malpractice attorney serving Avon before making a decision.
However, you should be aware that the majority of these cases are resolved through out-of-court settlements. Settling offers benefits to all parties involved.
As an injury victim, taking a settlement deal can significantly reduce the time it will take to recover the money you need. Meanwhile, the hospital can lessen its exposure to bad press by avoiding a public trial.
While it is likely that your case will be resolved through a settlement, you should still be prepared to go to court if necessary. There is always the chance that the defendant will be unwilling to settle, necessitating a trial.
Furthermore, showing that you are prepared and willing to take your case to court will give you leverage during any settlement negotiations.
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Our Medical Malpractice Lawyers Serving Avon Work on a Contingency Fee Basis
When you are pursuing compensation after suffering damages caused by medical malpractice, the last thing you should be worrying about is additional expenses related to hiring a lawyer.
That’s why at Claggett, Sykes & Garza, our attorneys work on a contingency fee basis. What this means is that we do not collect payment for our services unless we get you compensation.
If we fail to secure compensation on your behalf, you won’t owe us a single penny. Meanwhile, if we successfully recover damages on your behalf, we will collect a single fee at the conclusion of your case, which will be deducted from the payment by the liable party at a predetermined percentage.
By not charging our clients a fee to retain our services or billing at an hourly rate, we are able to provide experienced legal representation to all medical malpractice victims, regardless of their financial means.
Don’t Trust the Insurance Company After Suffering Injuries Caused by Medical Malpractice
After suffering medical malpractice-related damages, the insurance company representing the hospital may reach out to you quickly to offer a settlement deal.
While they will likely act as though they are attempting to help you through a difficult time, their real aim is to get you to agree to a lowball settlement offer before you have a chance to fully understand your losses.
If you take this deal, you will be barred from pursuing compensation. Beyond this common tactic, insurance adjusters have a wide range of other tricks they employ in their attempts to minimize payouts.
The best way to defend yourself and your right to compensation is by refraining from speaking with any insurance representative until you hire legal counsel.
Once you have an Avon medical malpractice attorney by your side, the insurer will be blocked from contacting you directly. By forcing them to communicate through your lawyer, you will impede their ability to use their usual trick and significantly improve your odds of securing fair compensation for your losses.
Let a Medical Malpractice Attorney in Avon Handle Your Claim
When a healthcare provider is negligent and causes you harm, you have the right to hold them financially accountable. Medical malpractice cases are complex, and proving them is a challenging process, especially without proper legal guidance. Fortunately, an experienced Avon medical malpractice lawyer from Claggett, Sykes & Garza can help.
We are ready to advocate on your behalf and help you collect the settlement you deserve. With over $1.5 billion recovered for our clients, we have a strong history of successful outcomes.
