When a patient seeks care from a medical professional, they expect competent evaluation and treatment. Unfortunately, doctors, nurses, pharmacists, hospital administrators, and other medical professionals occasionally fail to provide adequate care to their patients.
If a medical error or act of neglect has caused you harm, an Enfield personal injury lawyer could help you pursue a claim for damages against the person or institution that provided substandard care. An Enfield medical malpractice lawyer could advise you about your legal options and fight for the financial compensation you need.
Examples of Medical Malpractice
When a healthcare provider fails to provide competent care or treatment, their actions could be considered medical malpractice under state law. Common situations in which medical error or neglect could harm a patient include:
- Medication errors, such as dispensing the incorrect medicine
- Prescribing errors, including prescribing a dangerous, contraindicated, or ineffective drug, or prescribing the wrong dose
- Failure to properly monitor response to treatment
- Surgical errors or unnecessary surgery
- Misdiagnosis or failure to diagnose
Not every medical error or poor outcome is necessarily representative of medical malpractice. An attorney that is well-versed in medical malpractice claims could help someone determine whether or not their injury could be the basis for a medical negligence claim in Enfield.
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Pursuing a Claim Against a Medical Professional in Enfield
When a plaintiff’s attorney files a medical malpractice lawsuit, they must include a Certificate of Good Faith. This is a certification that the plaintiff or their lawyer made an inquiry into the quality of the care the plaintiff received and determined that it was inadequate. The plaintiff also must submit a written statement that they have reviewed the care at issue and believe it did not meet the prevailing professional standard. This statement must be signed by a medical professional.
Proving Damages
Once the plaintiff has established that the medical professional in question did not meet the prevailing standard of care, they must show that this behavior resulted in damages. The injured party’s damages must be actual, documentable, and directly related to the defendant’s malpractice.
The plaintiff could seek damages for the cost of medical treatment. If the injured party proves that they will require ongoing treatment because of the defendant’s substandard care, they could collect compensation for the cost of the future treatment. Lost income could also be reimbursed through an award of damages.
In Enfield, there is no limit to the amount that an individual can recover for non-economic damages in a medical negligence case. If the plaintiff presents persuasive evidence of their pain, suffering, mental anguish, lost enjoyment of life, and other subjective losses, they could collect any amount a jury finds appropriate under the circumstances. A skilled local attorney could help an individual gather the necessary evidence of medical malpractice to demonstrate the extent of their injuries to a jury.
Do Not Delay in Filing a Medical Negligence Suit
Connecticut General Statute § 52-584 requires a patient seeking damages for medical malpractice to file a lawsuit within two years of their discovery of the error or neglect. If there is a delay in discovery, the lawsuit must be brought within three years of the event triggering the complaint. In certain instances, an individual may have as little as 90 days to file a notice following their injury.
Patients should seek an assessment of their legal options as soon as they become aware that they might have been the victim of medical malpractice. Consulting with a medical malpractice attorney in a timely manner can be essential in building a viable injury claim in Enfield.
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Learn More about What an Enfield Medical Malpractice Attorney Could Do for You
The procedural requirements of a medical malpractice case can be difficult to keep track of. Medical liability insurers often defend these cases aggressively, so it is important to have a knowledgeable legal professional on your side.
If you have suffered harm at the hands of a medical professional, you deserve to be fairly compensated for your injuries. An experienced Enfield medical malpractice lawyer could pursue damages on your behalf, acting as your legal advocate so that you can focus on healing. Call today to schedule a consultation.