The Glastonbury medical malpractice case process begins with listening to the injured victim to see whether what they describe amounts to medical malpractice. After a lawyer has an understanding of the problem, and if there is a potential claim, they could gather the medical records of the case and send them to an expert witness to review. The expert may then determine whether the negligent doctor violated the standard of care. Once a claim has gone through these channels, a lawyer and the injured victim may be able to decide whether to go forward with the case or not. If you or a loved one were injured due to medical negligence, contact a seasoned medical malpractice attorney today.
The First Steps of a Medical Malpractice Case
The first thing someone with a medical malpractice injury should do is contact a lawyer to evaluate their case. In some cases, injured victims bring their claim to a lawyer only to discover that something they believe to be medical malpractice is not. In other situations, there is a case of medical malpractice, but there is no viable way to bring it to court.
An injured patient also needs to ensure that they have the right expert. If they do not have the right expert, the court could dismiss their case, or they could lose because they used someone who is not on the certificate of good faith. Medical malpractice involves prelitigation investigation before a case is filed, so it is crucial to have legal representation during this portion of the case process.
Speaking with an attorney is an essential step in the medical malpractice case process in Glastonbury. An injured patient should contact an attorney as soon as possible because there is a statute of limitations in medical malpractice cases. A lawyer may need a significant amount of time to evaluate a case and figure out from which experts they need to get an opinion. Therefore, despite having two years to file a claim, the timeframe is more limited because it can take up to six months to be able to evaluate a claim and get a certificate of good faith.
Settlement Versus Litigation
One thing that determines whether a case is settled out of court is the willingness of the hospital or doctor to settle and resolve the claim. Doctors often have consent-to-settle provisions in their policies, and sometimes they choose not to settle. Litigation may also be possible based on the amount of money that the plaintiff is demanding. For instance, the defendant may offer a settlement amount that is unsatisfactory for the claimant. In this situation, the injured victim may want to bring the case to court.
Common Trends and Mistakes in Medical Malpractice Cases
The most common trend regarding malpractice is doctors not taking the time to listen to their patients. There is a significant amount pressure for doctors to work quickly to ensure that they visit with all of their patients. As a result, they are not able to see holistically the problems going on with the patient. Instead, they may be looking at their patient’s condition through a narrow lens, which can lead to misdiagnoses or the failure to catch something in its early stages of development.
The most common mistake in medical malpractice claims is waiting too long. There is too much investigation that must occur during the process for a Glastonbury medical malpractice case to wait until the last minute to file. An individual can avoid making this mistake by consulting with a lawyer, telling them what went wrong and, ensuring their lawyer is the right for their case.
Appealing a Medical Malpractice Case
A plaintiff in a medical malpractice case has the right to appeal the verdict/dismissal to the appellate court. In Connecticut, roughly 18 percent of appeals are successful in overturning a verdict. If a plaintiff is successful on appeal, they would then receive a new trial, where it is possible that another jury will award them even more money than they would have gotten originally, although nothing is guaranteed.
A person only gets to appeal their case one time and it generally takes about 15 to 18 months to go through the whole process. The more complicated the appeal, the longer it will take for the parties to brief it and for the court to decide it.
What if an Appeal is Lost?
If the appeal is lost at the appellate level, the plaintiff can seek certification to the Connecticut Supreme Court, which can choose whether to decide it. After the Connecticut Supreme Court, there are no more options, since there is almost no chance of obtaining certification to U.S. Supreme Court. There are strict timelines and specific guidelines that someone must follow when appealing their case, or risk having it dismissed. That is why they should have a lawyer with them during the entire malpractice case process in Glastonbury.
Contact an Attorney to Discuss the Medical Malpractice Case Process in Glastonbury
The case process for an injured patient can be especially challenging and complex because they must balance their recovery while handling their claim. Luckily, you do not have to face this process on your own. If you have been injured by a healthcare provider, reach out to an attorney to learn more about the Glastonbury medical malpractice case process. A compassionate attorney could be by your side during this stressful experience and may be able to help you obtain the compensation you deserve.