It happens all too often – someone becomes injured or passes away due to the negligent practices of a medical practitioner.  Even the most competent and experienced doctors can at times make mistakes that end in tragedy.  Should you find yourself in such an unfortunate situation, you may be asking yourself questions regarding what steps to take next.  What constitutes a medical malpractice claim, and how do I know if I have grounds to pursue one?  What exact circumstances led to such a claim being the appropriate course of action?  Perhaps most important of all, what kind of proof does the court demand in order to rule in my favor?

Defining medical malpractice

Let’s begin with the first question.  The following definition comes from the Connecticut General assembly:

“A medical malpractice lawsuit may be filed to recover damages from a personal injury or wrongful death allegedly caused by a health care provider’s negligence.” 

These claims exist to hold medical providers accountable should their subpar treatment result in injury for their patient.  In such instances, the medical care provider becomes liable for any damages their negligence may have led to.  Medical malpractice claims can take myriad forms and arise from an untold number of circumstances.  A few examples of more common cases come from mistakes relating to:

• Administering the wrong treatment or not administering treatment timeframe necessary to address the patient’s condition
• Failing to make an accurate diagnosis resulting in wrong treatment or lack of treatment
• Mistakes regarding the writing of prescriptions

If you believe you have been injured due to a medical practitioners’ mistakes, contact a Connecticut medical malpractice attorney right away.  The statute of limitations for these claims is two years.  You may have two years to act from the date you were injured or when the injury was discovered.  This varies based on the facts of your specific case and is one of many reasons you ought to consult with an attorney immediately.

Requirements for proving medical malpractice

Returning to the Connecticut laws and regulations regarding medical malpractice as set forth by the Connecticut General Assembly:

“In order to win his lawsuit, the claimant must prove by a preponderance of the evidence that the health care provider’s alleged actions breached the prevailing standard of care for such a health care provider. This standard of care is that level of care, skill, and treatment that, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”

This constitutes a strict standard.  In most cases, medical malpractice will be difficult to establish.  This holds especially true when the injury cannot be specifically defined or traced back to one particular action taken by the defendant.  The prosecution generally relies upon placing the burden of proof on the medical practitioner (defendant), who must prove they did not act negligently.  This differs from most other types of cases in which the burden of proof lies with the plaintiff in proving that the defendant took a certain action.

These cases are full of delicate nuances and fine details that require the expertise of a competent attorney.  At Denghani & Associates, we specialize in medical malpractice cases.  Contact us today to see how we can help you with your case.