Glastonbury residents trust doctors and other health care professionals to take actions that will protect their health with the goal of improving it. When subpar medical care causes you to suffer harm, it is completely reasonable to feel betrayed.
Fortunately, a Glastonbury medical malpractice lawyer may be able to provide some assistance in such a scenario. While a dedicated personal injury attorney cannot restore lost 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.
Statute of Limitations in Medical Malpractice Cases
All states establish limits on the amount of time that may pass between the time 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. Even if it takes some time to discover an injury—a common example being when a doctor leaves a surgical implement inside a patient—a plaintiff or their Glastonbury medical malpractice attorney still must file within three years of the actual incident of malpractice.
The court may dismiss any claims filed after 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 Added Requirement in Malpractice 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 medical malpractice cases.
Connecticut General Statutes §52-190a specifies that before someone may bring an action to recover damages in a personal injury or wrongful death claim based on medical malpractice, a qualified Glastonbury lawyer or the plaintiff themselves 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—in order 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 in the wake of suspected medical malpractice.
Consult with a Glastonbury Medical Malpractice Attorney Today
If you believe that you or a loved one fell victim to medical malpractice, it is wise to consult a Glastonbury medical malpractice lawyer as soon as possible. An experienced personal injury attorney could begin providing advice right away about 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 now for a consultation.