Doctors, nurses, hospital staff, and other healthcare providers are trusted to be considerate with the care they provide to those who are hurt. However, even medical experts can make mistakes, and unfortunately, injuries sometimes happen as a result of a healthcare provider engaging in inappropriate or risky methodologies.
If you are injured due to the negligence or error of a healthcare provider, your best option may be to contact a skilled Manchester medical malpractice lawyer as soon as possible. A seasoned personal injury attorney may be able to give you the best possible chance at recovering compensation for provision of an incorrect drug, birth injuries, paralysis, accidental loss of limb, and other life-altering harms. En Español.
What Are Some Examples of Malpractice?
Some of the most commonly-seen types of medical malpractice in Manchester are a failure to diagnose, where a doctor should have diagnosed some condition and failed to do so, causing harm to the patient. This might involve reading lab charts or x-rays incorrectly, or failing to ask the right questions in order to rule out a serious ailment. Medical negligence can also occur during a procedure, such as a surgeon not performing it correctly or not taking proper safety precautions.
While health and medicine can naturally come with a lot of uncertainty, a simple mistake rises to the level of malpractice when a medical professional deviated from what is considered the accepted standard of care. An expert (usually another medical professional) can be instrumental in providing insight as to what the standard of care should be. The average person will not know what the proper standards are, which is why they should retain a lawyer who knows how to tackle these types of lawsuits.
The Statute of Limitations for Medical Malpractice Claims
The statute of limitations is the deadline by which an injury victim must file a civil claim to be able to pursue compensation. For personal injury claims resulting from medical malpractice in Manchester, the statute of limitations is two years. Failing to file such a claim within two years from the date on which the injury occurred—or when the plaintiff discovered the injury—could result in the injured person loses the right to bring their case before a court.
Testimony from another healthcare provider on whether the defendant breached the applicable standard of care is usually a crucial part of medical malpractice cases. A case is only viable if the victim can present an expert opinion that the defendant did not adhere to commonly accepted medical standards. While the expert witness assesses the details of the case, the statute of limitations can be extended by 90 days as per Connecticut General Statutes §52-190a.
Understanding the Standard of Care
The main element in a medical malpractice case is determining if the defendant deviated from the standard of care. Essentially, there are two factors at play in these claims. For an injured patient to have a valid malpractice case, their medical provider must have:
- Had a duty to adhere to generally accepted best practices when providing care
- Breached that duty by failing to follow generally accepted procedure
If those two elements can be shown, usually through the testimony of a doctor or another expert healthcare provider, the victim may be entitled to compensation. Since these may be difficult to prove, it is typically best for an injured person to seek assistance from a Manchester medical malpractice attorney who could defend their rights and pursue appropriate compensation on their behalf.
Types of Compensation
Injured victims of medical malpractice can pursue compensation for two primary kinds of compensatory damages: economic damages and non-economic damages. The first category includes all the harms that are associated with objective monetary values, such as medical bills and lost wages that can be calculated relatively easily. The second includes harms that do not have price tags, such as pain and suffering or loss of consortium with a spouse.
In Manchester, there is no cap on the amount of compensation an injured person can receive for these damages in medical malpractice claims. This means that if the medical provider is found liable for the injuries experienced by the plaintiff, the judge or jury has no limit on the amount of compensation they can order the medical provider to pay.
Contact a Manchester Medical Malpractice Attorney Today
Given that there is no cap on damages, it may be important to contact a Manchester medical malpractice lawyer as soon as possible if you suffer harm from a doctor’s mistake. With a skilled attorney’s legal knowledge and experience at your disposal, you may be able to build a strong civil case and receive full and fair compensation for their injuries. Call today to set up an initial consultation.