Glastonbury residents trust doctors and other health care professionals to take actions that protect their health. When subpar medical care causes you to suffer harm, it is completely reasonable to feel betrayed.
Fortunately, a Glastonbury medical malpractice lawyer could provide some assistance in such a scenario. While a dedicated personal injury attorney cannot restore your health, they could help you seek compensation for the effects of the malpractice you suffered, including added medical expenses and pain and suffering. En Español.
What Constitutes Medical Malpractice in Glastonbury?
Medical malpractice occurs when a treating physician or medical provider deviates from the standard of care, and harms a patient as a result. In a medical negligence case, a Glastonbury attorney must prove that:
- The physician or medical provider had an obligation to treat the person within the standard of care
- There was a failure to treat the person within the standard of care
- The failure to properly treat the person caused harm, injury, or death
Some of the most common forms of medical malpractice include failure to diagnose a condition or injury, and failure to follow the appropriate proper care after procedures. Medical negligence may occur with anesthesia, at birth, or in other various circumstances.
Statute of Limitations in Medical Malpractice Cases
All states establish limits on the amount of time that may pass between when a cause of action arises and when a plaintiff files a lawsuit to seek relief. This is referred to as the “statute of limitations” although it usually involves several statutes.
In Glastonbury, a person seeking recovery in a medical malpractice case has two years to file starting from the date the injury occurred, or from the date the injury was or reasonably should have been discovered. If it takes some time to discover an injury, for instance if a doctor left a surgical implement inside a patient, a plaintiff or must still file within three years of the actual incident of malpractice.
The court may dismiss any claims filed after the expiration of the statutory period, which means insurance companies are unlikely to agree to a settlement. As a result, a statute of limitations violation typically bars recovery either through the courts or through settlement negotiations. An experienced local attorney could help someone meet all of the legal deadlines for their medical malpractice case.
Evidence in Medical Negligence Cases
In many tort lawsuits, someone who believes the negligence of another caused them to suffer harm has the right to file a claim for compensation without fulfilling special statutory requirements. However, that is not true in these cases.
State law specifies that before someone may bring an action to recover damages based on medical malpractice, the plaintiff must make a “reasonable inquiry as permitted by the circumstances” to show a “good faith belief” that the plaintiff suffered negligence in the defendant’s treatment or care. As evidence of that good faith inquiry, the party filing the claim must obtain a signed statement from a “similar health care provider” explaining why there is evidence of malpractice.
Failure to include this evidence of the inquiry may provide grounds for dismissal of the suit. As a practical matter, the injured party must have medical evidence of the malpractice—typically delivered in the form of an expert witness opinion from another healthcare provider—to recover damages.
However, having to obtain this statement before filing imposes an added burden on the party seeking recovery. This makes it even more important to seek prompt legal advice from a qualified lawyer in Glastonbury in the wake of suspected medical malpractice.
How Can an Attorney Help?
An attorney could assess whether or not there is a possibility of malpractice and have that determination vetted preliminarily by an expert in the field. Additionally, an attorney could investigate a claim property and develop a comprehensive review of the claim.
It is difficult to sue for medical malpractice. Just because something went wrong, someone was injured, or a procedure did not go as planned, that does not mean there is malpractice. An attorney in the area could evaluate the circumstances of a medical malpractice claim and hire the right experts. It is incredibly difficult for somebody without an attorney to find and hire these experts and present a case properly.
Consult with a Glastonbury Medical Malpractice Attorney Today
If you believe that you or a loved one suffered losses because of a negligent doctor or nurse, you should consult a Glastonbury medical malpractice lawyer as soon as possible. An experienced attorney could provide advice about what actions to take to assist with recovery and how to avoid pitfalls that could jeopardize your case.
Compensation may be available to cover additional expenses stemming from malpractice, as well as intangible pain and emotional anguish you suffered as a result. To preserve your rights and start working toward a full recovery, call today for a consultation.