People generally trust medical professionals to successfully diagnose and treat injuries and illnesses. However, instances of medical malpractice unfortunately occur often. Those who suffer harm from these mistakes have a right to pursue damages.
If you were injured as a result of a caregiver’s negligence, you have good reason to speak with a personal injury lawyer in Windsor to find out where you stand. Speak with a Windsor medical malpractice lawyer to assess any rights you may have to compensation.
What Are Some Ways That Malpractice Can Occur?
A wide range of circumstances may lead to medical malpractice. Cases sometimes arise during childbirth. A misdiagnosis of a patient’s ailment or a prescription that turns out to be incompatible with their condition can also have serious repercussions.
Serious injury or wrongful death occasionally arises from surgical errors or inappropriate doses of anesthesia before surgery. In some instances, plaintiffs seek damages from hospitals for failing to provide informed treatment or hygienic conditions. Someone who has experienced such an incident could learn about their legal options by talking with a medical malpractice attorney in the Windsor or South Windsor area.
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Establishing Negligence
In order to establish negligence, a plaintiff must prove that the defendant owed them a duty of care, the duty was breached, the breach caused the plaintiff’s injury, and the injury led to damages. Under everyday circumstances, medical professionals must maintain the level of care that a “reasonable person” would exercise under similar circumstances. However, doctors who assume responsibility for the care and safety of a patient, or anyone else to whom they voluntarily provide medical assistance, face a higher standard of care than ordinary circumstances require of non-medical professionals.
However, professionals in their respective fields must meet a heightened standard of care in the performance of their work. To avoid liability for negligence, doctors must exercise the care generally used under similar circumstances by capable physicians who practice in the same field of specialization or the same locality. Someone in the region of Windsor and South Windsor who sustains an injury after receiving medical care that they believe fell short of this standard might want to discuss the case with a Windsor medical malpractice lawyer.
Inquiry into Medical Care
Under General Statutes of Connecticut § 52-190(a), in any negligence claim for medical malpractice against a health care provider, the claimant or their lawyer must make a reasonable inquiry to establish grounds for a good-faith belief that the plaintiff received negligent treatment. To establish good faith, a plaintiff must obtain an opinion written and signed by a health care provider similar to the one who treated them. Failure to do so justifies the dismissal of the case.
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Enlist a Windsor Medical Malpractice Attorney
Medical care is expensive, and suffering the effects of malpractice only increases the costs it imposes. Whether a claim goes to court or ends in a settlement, you could receive reimbursement for the treatment of problems that arose out of someone else’s negligence. Compensation could include damages for bills, lost wages, pain and suffering, and other intangible losses.
Do not hesitate to take action if you believe you have a case to make. Speak with a Windsor medical malpractice lawyer to learn if you could receive compensation for the injuries you have suffered.
