When a doctor, surgeon or other medical professional fails to perform their duties, the effect on the patient can be life-altering. If you believe your current health issues are due to a physician’s mistake, contact a Trumbull medical malpractice lawyer to learn your legal options.
By working with a dedicated personal injury attorney, you can increase your chances for winning damages that pay for the injuries and losses that have taken a toll on your life. Even if the health issues you experienced as a result of medical mistakes will get better in time, they still cost you financially, emotionally and mentally. Attorney George W. Ganim, Jr. can help you recover damages for your injuries and prevent the physician who caused the harm from hurting other patients.
What are the Most Common Types of Medical Errors?
A Trumbull medical accident lawyer can represent individuals in a wide variety of malpractice cases. Some of the most common types of malpractice include:
- Incorrect or delayed diagnoses
- Anesthesia errors
- Surgery on the wrong body part
- Leaving surgical tools in the patient
- Childbirth errors
- Medication errors
- Hospital infections
- Death
For a claim to have validity, the physician must have violated a standard of medical care that resulted in negligence. In other words: if negligence had not taken place, the injury would not have occurred. Additionally, the injury must have caused significant problems for the patient. Pursuing a case where the injuries are relatively minor, and the medical expenses are minimal or nothing, is likely not going to yield much of a monetary award.
Do Medical Error Claims Require “Reasonable Inquiry” Certifications?
According to Connecticut General Statutes § 52-190a, making a medical error claim in the state requires you to file a certificate with the court citing that a “reasonable inquiry” has taken place. The inquiry must be conducted by you or your attorney to “determine that there are grounds” for a medical oversight claim.
The reasonable inquiry also requires you and your local medical malpractice attorney to procure an official opinion from a qualified medical professional who provides their thoughts about the case and explains why they support the decision to file a claim. In Connecticut, reasonable inquiries require you to file in conjunction with the original complaints. It is possible to obtain a 90-day extension in some circumstances.
Statute of Limitations & Damage Caps
Injured individuals have two years to file medical error claims from the date of the medical negligence. The statute also provides additional time in the event the malpractice was not readily apparent; however, the time period does begin to run from the point when the medical negligence or injury should have been discovered. Nevertheless, the statute requires a plaintiff to file no later than three years after realizing medical negligence has occurred or should have been discovered. Filing after the two- or three-year period, depending on the situation, means the court will dismiss the case.
While many states place caps on non-economic medical error damages such as mental anguish or loss of consortium, Connecticut is not among them. Therefore, Connecticut law makes it possible for Attorney Ganim to request economic and non-economic damages reflective of your financial and emotional strain.
Contact a Trumbull Medical Malpractice Attorney for Advice
Avoid statute of limitation issues by reaching out to a Trumbull medical malpractice lawyer as soon as you are able, or have a family member make the initial call for you. Attorney George W. Ganim, Jr. can analyze the details of your case and create a plan for taking legal action. Contact the office now to take the first step in the legal process.