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 the same level of care expected of their profession, the court could hold them accountable.
If you can establish their liability, you may be able to collect compensation for your injuries. A successful medical malpractice lawsuit could cover your medical and living expenses and help you get back on your feet. Call a knowledgeable Avon medical malpractice lawyer today for more information or to schedule a meeting. Our Avon personal injury lawyers at Claggett, Sykes & Garza are standing by to provide the help you need for the justice you deserve.
Establishing Medical Malpractice in Civil Court
Specific elements must be present to recover damages in medical malpractice cases. A successful claim establishes that:
The Provider Owed the Plaintiff a Duty of Care
The action must establish a doctor-patient relationship. Doctors, nurses, and any certified healthcare professional has a duty to provide patients the same quality of care others in the same field would provide them.
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 the Plaintiff to Sustain Injuries
A medical malpractice claim must also show that the breach of duty was the direct cause of the patient’s injuries and that they would not have sustained damages if they did not see the healthcare provider.
The Claimant Suffered Verifiable Damages
The final element of a medical negligence claim is verifiable damages. The claimant must have evidence that they suffered injuries that led to out-of-pocket and non-monetary damages. An Avon medical malpractice attorney could determine whether these elements are present in a given case and take legal action accordingly.
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Recovering Damages in Medical Malpractice Lawsuits
After a claimant proves that their healthcare provider was negligent, they could be compensated for the following:
- Past, current, and future medical expenses and the cost of ongoing care
- Loss of earning capacity and future earning potential
- Inconvenience, physical pain and suffering, and mental anguish
A compensation award is made up of economic and non-economic damages. Economic damages cover monetary losses, while the latter cover non-monetary losses. The purpose of award amounts is to restore the claimant to their financial position before the accident. An attorney in Avon could help a medical malpractice victim calculate their economic and non-economic losses to pursue a compensation award that accounts for all of their past, present, and future costs.
A Certificate of Good Faith is Required to File
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, the claimant must file a certificate of good faith before commencing legal action against a healthcare provider.
The filing must certify that the plaintiffs or 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 the plaintiff’s injuries through negligence. An Avon medical malpractice attorney could assist with the process of providing a certificate of good faith and getting in touch with the necessary experts.
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Let an Avon Medical Malpractice Attorney 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.
An experienced Avon medical malpractice lawyer could advocate on your behalf and help you collect the settlement you deserve. Call now to get started.
