Bridgeport, CT Medical Malpractice Lawyer
Medical malpractice can lead to catastrophic injuries that leaves a person permanently impaired or results in possible death. When injuries or death occur due to medical errors and neglect, injured parties or their family may be able to make a claim against the medical professionals and medical institutions responsible. Attorney George W. Ganim, Jr., a Bridgeport medical malpractice lawyer, can be vital to pursuing these complex claims and securing compensation for injuries or death resulting from the medical providers’ negligence.
Malpractice claims can be challenging and expensive, requiring expert testimony to pursue. Due to the complicated nature of these claims, which may require sophisticated medical knowledge, getting the assistance of a skilled and experienced personal injury attorney is important.
Situations That May Lead to Medical Malpractice Claims
Medical malpractice can arise in many different situations. Some of the most frequent situations that may lead to these kinds of claims and lawsuits include:
- Failure to diagnose cancer or another severe disease or illness that results in treatment delays or incorrect medical treatment
- Surgical errors, such as leaving foreign objects in a patient’s body; operating on the wrong body party or carelessly performing the surgery causing a permanently bad result
- Drug errors, including overdosing, administering the incorrect medication, or failing to identify negative medication interactions
- Failure to identify and treat heart attacks, strokes, and similar medical conditions whose outcomes improve with immediate treatment
Although some medical treatment and procedures have unfortunate consequences that are not anyone’s fault, there are, however, other losses that result directly from the negligent or reckless behavior of medical professionals such as: doctors, nurses, anesthesiologists, surgeons, and pharmacists that justify making a claim. Pursuing these medical malpractice claims may yield better results with the help and guidance of a medical negligence lawyer, George W. Ganim Jr., located in Bridgeport.
The Standard of Care for Medical Professionals
All medical professionals have a legal obligation to keep their patients safe from harm. They must utilize the same level of care that another person in their profession would use in the same circumstances. When their behavior falls below the reasonable standard of care, they can face legal liability.
Expert medical testimony is required to establish the standard of care applicable in a specific matter and any deviation from that standard of care constitutes medical negligence. Once the claimant provides adequate evidence of medical negligence, he or she must prove that the negligence was the direct cause of their losses. A local medical negligence attorney could prove vital in gathering and presenting the evidence required to mount a strong medical malpractice case for damages.
Time Limits for Medical Malpractice Claims
All lawsuits are subject to specific time limits or what is commonly referred to as the statutes of limitations. If the injured party fails to file their lawsuit in court within the appropriate timeframes, they risk losing any chance to seek compensation.
Connecticut General Statutes § 52-584 allows two years from the date of the medical negligence; the date the medical negligence is discovered, or reasonably should have discovered the medical negligence, to file a lawsuit for damages. State law also establishes a statute of repose, which permits some injured parties to file their medical malpractice claims beyond the regular two years. However, the statute of repose allows only one additional year to file suit and only applies in certain situations.
As a result, parties injured by medical errors have no more than three years from the date of their losses in which to pursue their claims. If they do not discover their losses or file suit before that deadline, they lose their right to seek damages. Connecticut law creates no exceptions to the statute of repose, even if the injury victim is a minor at the time of the alleged malpractice.
What is a Reasonable Inquiry Certification?
A legal hurdle that applies to medical malpractice claims is the need for a “reasonable inquiry” certification. Before you can file a medical negligence lawsuit, you must obtain a certificate alleging that you made a reasonable inquiry to show that there is a good faith belief that negligence occurred. Along with this certification, you must also obtain a written opinion signed by a qualified medical expert that agrees the injuries or death were due to medical negligence. The failure to comply with these requirements could result in the dismissal of the lawsuit.
What Are Common Forms of Compensation in Medical Malpractice Lawsuits?
There are various types of damages allowed in a medical malpractice lawsuit. The severity of your medical injury, as well as the scope of additional treatment you require, will play an important role in determining what the claim is worth. The damages available in these cases include:
- Lost wages
- Hospital expenses
- Diminished earning capacity
- Pain and suffering
- Physical therapy costs
The victim of medical negligence will often be subject to two sets of medical bills. The bill that was incurred for the negligent care received for any additional treatment needed to medically address the mistake. A civil lawsuit could recover the cost of both sets of treatment.
In the event the medical negligence resulted in death, then the family of the lost loved one is entitled to damages for any pain and suffering that may have been endured prior to the death: lost future earnings, medical bills and funeral expenses.
Is There a Cap on Medical Malpractice Damages?
There is no cap on medical malpractice compensation in Bridgeport. This is important, as it means there are no artificial limits on the amount of compensation you can recover following a medical mistake. You have the right to seek the compensation that you deserve, and it is the jury’s role to determine what damages—if any—to award.
Call a Bridgeport Medical Malpractice Attorney
Many people suffer debilitating, permanent injuries due to medical errors, some of which are fatal. You may have the right to hold careless medical professionals accountable for their actions. With the help of Attorney George W. Ganim, Jr., a Bridgeport medical malpractice lawyer, you could take legal action.
Taking a stand against medical malpractice could prevent medical professionals from harming other patients in the future. Although a settlement or damages award cannot undo the injuries that you have suffered, it could provide you with a measure of financial stability during a challenging time in your life. Call today to speak with a legal professional.
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