In cases where medical care results in unexpected injury, the affected individuals may feel lost about where to turn or what their rights are. 

“Every medical malpractice case turns on the smallest details. Knowing the process early often is the key to winning the case and not having it dismissed,” says Connecticut medical malpractice lawyer Russell Berkowitz, partner at Berkowitz Hanna Malpractice & Injury Lawyers.

The journey to justice will be long. It starts with knowing where to seek sound advice, assistance, and encouragement. Keep reading to learn more about what medical malpractice really is and how to get justice.

Understanding Medical Malpractice

Medical malpractice occurs when a medical professional deviates from the standard of care, and the patient suffers. Four main elements support medical malpractice. 

These elements are duty of care (established by a doctor-patient relationship), breach (a failure to uphold that duty), causation (the link between the breach and the accident), and harm (damages). In simpler terms, a medical practitioner breaches their duty to the patient by making a mistake or failing to perform an essential act.

Consider a surgeon who leaves a tool inside a patient during surgery. The surgeon owed a duty of care to the patient. The surgeon breached this duty of care. They caused harm to the patient. The patient requires another surgery to correct the problem.

Main Types of Medical Negligence

Medical malpractice can take different shapes, distinguished by a specific breach of professional duty. Misdiagnosis or delayed diagnosis tends to lead to almost similar outcomes. Both refer to the health provider’s failure to identify an illness, resulting in inappropriate or missed treatment.

Surgical errors involve issues that arise during surgical procedures, such as operating on the wrong site or leaving surgical instruments or other objects inside the body. A medication error, on the other hand, occurs when a patient receives the wrong medication, dose, or a mixture of medications.

Birth injuries also represent another medical malpractice that occurs due to negligence in prenatal care and birth. These injuries can occur to the child, the mother, or both. 

Steps in a Medical Malpractice Claim in Connecticut 

A medical malpractice claim will begin with a patient’s belief that they suffered injury due to the wrongdoing of their doctor. First, assemble any documents that demonstrate what took place, then contact an attorney. 

They will assess your situation and have specialists evaluate the extent to which the physician made an error and failed to meet the standard of care. 

Once you have achieved this, your lawyer will file a complaint with the court system. After this, the case goes to discovery, where you essentially trade evidence with the other party. Most people end up settling through mediation. If not, the case goes to trial, where the court decides. 

Recoverable Damages

In Connecticut, victims in a medical malpractice case can receive compensation for both economic and non-economic damages. “Economic damages” cover actual expenses incurred as a result of medical malpractice, such as hospital expenses and lost wages. “Non-economic damages” are more abstract and include compensation for “pain and suffering” and “the loss of enjoyment of life.”

Punitive damages are difficult to obtain and are awarded only if a plaintiff can prove that the healthcare provider was reckless or demonstrably malicious in their actions towards them. 

Importance of Legal Counsel 

Trying to tackle a malpractice suit on your own will end in frustration. Malpractice suits mean you are going to be dealing with mounds of documents, as well as tight deadlines, and you’ll need to prepare expert testimony. Missing even one document can mean that your case collapses.

Hire a lawyer with in-depth knowledge of medical standards and who is aware of the relevant laws. Such a lawyer can also present a clear case of what happened. You also want someone who has battled in medical courtrooms before, has connections to experts, and can point to real wins, verdicts, or settlements that prove they get results.