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What Is Medical Malpractice?

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Medical malpractice is

  • when a healthcare professional fails to meet the accepted standard of care in their field and causes injury or harm to a patient. The accepted standard of care refers to what a reasonably competent professional would have done in similar situations. 

  • If you have experienced medical malpractice, you may have the right to file a personal injury claim against the healthcare provider, the medical facility, or both. A successful claim can help you recover damages such as medical expenses, lost wages, and pain and suffering.

  • A

  • Connecticut medical malpractice lawyer
  • can file your claim, investigate your case, assess your damages, and help you get the compensation you deserve. Our team has recovered over $1.5 billion in verdicts and settlements. Call today to schedule a free case review.

  • Medical Malpractice Vs. Medical Negligence

  • Medical negligence and

  • medical malpractice are closely related but different concepts in healthcare law. Negligence is a careless action, whereas malpractice is negligence that causes injury and meets the legal criteria for a claim.

  • Medical negligence refers to an unintentional mistake or negligent act by a healthcare provider that falls below the accepted standard of care. It does not necessarily cause harm, but it shows a failure to act as a reasonably competent provider would under similar circumstances.

  • Medical malpractice occurs when a negligent act results in injury or harm to a patient. It is a legal claim often handled by personal injury lawyers, and it requires proof of four elements: duty of care, breach of that duty, causation, and damages. 

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    The Four Elements of Medical Malpractice

  • Malpractice claims often need expert testimony, detailed documentation, and legal support to succeed. To win a medical malpractice case, your attorney must establish four elements. These are: 

  • Duty of Care

  • The healthcare provider had a legal duty of care to the patient. To prove this, the patient must demonstrate that a provider-patient relationship existed. Once the relationship is confirmed, the provider is legally required to provide care that meets accepted medical standards.

  • Breach of Duty

  • A breach happens when the healthcare provider fails to meet the standard of care that a reasonably skilled colleague would provide in similar situations. This isn’t about guaranteeing a perfect outcome, but about proving the provider acted below the accepted level of competence in their field.

  • Causation

  • Your attorney must prove that the breach of duty directly caused your injury

  • or worsened your condition. This is often the most difficult part of a malpractice case. There must be a clear link between the provider’s action (or inaction) and the harm you suffered.

  • Actual Damages 

  • Your personal injury lawyer must demonstrate that you suffered actual, measurable harm

  • as a result of the provider’s negligence. This includes physical injuries, emotional trauma, or hardship. Without provable damages, even if negligence occurred, a case is hard to prove.

  • Types of Medical Malpractice

  • Medical malpractice occurs when a medical professional causes you harm by failing to meet the standards of care in their field. Some of the most common types of malpractice we see are:

    • Misdiagnosis or Delayed Diagnosis: When a doctor fails to diagnose a condition correctly or in time, it can lead to delayed or incorrect treatment. 
    • Surgical Errors: Mistakes made during surgery, such as operating on the wrong site, leaving tools inside the body, or performing unnecessary procedures.
    • Medication Errors: Administering the wrong medication or dose, or failing to advise of drug interactions or allergies.
    • Birth Injuries: Mistakes occurring during pregnancy, labor, or delivery that cause harm to the baby or mother. 
    • Anesthesia Errors: Mistakes in anesthesia dosage or monitoring, or neglecting to check for allergies or conditions. 
    • Failure to Treat: When a doctor properly diagnoses a condition, but does not provide sufficient treatment, follow-up, or referrals, which leads to the condition worsening.
    • Informed Consent Issues: Failing to inform patients of risks, benefits, or options before treatment. If the patient wasn’t fully informed and damage occurs, it might be considered malpractice.
    • General Negligence: Negligent actions by hospital management that cause harm to patients, such as poor sanitation, understaffing, or untrained personnel.
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    Statute of Limitations for Medical Malpractice in Connecticut

  • According to Section 52-555 of

  • Connecticut law about medical malpractice
  • , the statute of limitations for claims is generally two years from the date the injury is discovered or should have been discovered.

  • However, there is an absolute deadline called a

  • statute of repose. This states that no claim can be filed more than three years after the alleged negligent act, regardless of when the injury was found.

  • For minors, the deadline is extended until they turn 20 years old. If the injured person is mentally incapacitated, the time limit may be paused until they regain capacity. 

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    Get Help With Your Medical Malpractice Claim

  • Medical malpractice is when a doctor, nurse, surgeon, or other healthcare professional causes you harm by not acting in a way that meets the accepted standards in their field. Malpractice injuries are often very serious and can potentially result in lifelong complications.

  • If you have suffered an injury due to the negligence of a healthcare professional, you may be able to file a medical malpractice claim. A knowledgeable personal injury attorney can help you stand up for your rights and get the compensation you deserve.

  • Our team at Claggett, Sykes & Garza

  • is here for you when a medical professional you trusted lets you down. Call today and schedule a
  • free consultation to find out how we can help with your medical malpractice claim. 
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