Medical Malpractice FAQs
What is medical malpractice?
Medical malpractice occurs when a doctor or other health care provider, whether it be an individual or an institution like a hospital, delivers care that is substandard, or, in other words, below the level of care that "an average" health care professional would give.
Should I sue?
You should sue if you have been the victim of substandard care and have been injured seriously enough.
How do I know if there has been malpractice?
Sometimes malpractice by a doctor or other healthcare professional is obvious. If a doctor operates on the wrong knee you don't need an expert to tell you that there was malpractice. In most cases, however, although the circumstances may raise a suspicion of medical malpractice, experts are needed. In Connecticut you cannot sue a doctor or other healthcare provider, except in the most obvious of cases, without a written opinion by a doctor or other healthcare provider who is in the same field of practice as the health care provider you want to sue. That opinion must verify that there was malpractice. The opinion has to be included in your filing papers, or complaint, which starts the lawsuit.
Why wouldn't I sue a doctor of healthcare provider?
Obviously, you wouldn't sue a doctor or health care professional if he hadn't done anything wrong. But sometimes just doing something wrong isn't enough. To a greater extent than in any other kind of personal injury case, injuries in medical malpractice cases have to be of a more serious nature in order to justify the suit. The costs to implement and run a medical malpractice case are substantially higher than in many other kinds of cases and the costs of running the case to a great extent are not recoverable in the suit even if it is sucessful. If the damages are not likely to be high enough to significantly exceed the costs of the case, the malpractice case can't be justified.
How do I find experts?
Usually one has to go beyond the geographical area in which the doctor or health care professional practices in order to obtain expert opinions with respect to a doctor or other health care professional's performance. Experts can be found on the internet, through the use of expert witness data banks, through the use of companies that act as locators, by word of mouth, etc. Sometimes you can even locate experts through case law research in cases in which experts have testified. It is highly unlikely that a doctor from the same locale would offer an opinion criticizing a colleague's performance.
Am I responsible for the costs of experts, or other costs, if the case is not successful?
Simply put, no. If I am not successful, the costs of the case are absorbed by me.
What are the damages in a medical malpractice case?
The damages in medical malpractice are as varied as the people who are victims of medical malpractice. If the malpractice causes the death of the patient, the first damages would be for lost income of the person. Connecticut law, unlike many other states, provides for damages for the loss of life itself, with the loss of the good things that the decedent would never get to experience. While such damages may be hard to evaluate they constitute the lion's share of all damages in death cases. In cases where the person has not died as a result of the medical malpractice, the damages are evaluated by examining loss of income, both past and future, loss of the person's ability to perform the activities of daily living, whatever they may be, physical and mental pain and suffering, and anticipated costs for future medical care.
How does a person sue for medical malpractice if the malpractice has caused his/her death?
Someone close to the decedent has to apply to be appointed legal representative of the decedent in a probate court. My office assists with this process.
Should I inform my doctor of my suspicion about his malpractice before I consult with an attorney?
Generally speaking, this is a bad idea. The outcome of the case can depend on acquiring medical records before they are edited, deleted or added to, which sometimes happens when a doctor or other health care professional has been given advance warning of a potential suit.
What is the statute of limitations?
The statute of limitations is the time period established by the state limiting the duration of your ability to sue. In Connecticut you have two years to sue a doctor or other health care professional for negligence (Conn. Gen. Stat. §52-584). In Rhode Island the statute of limitations is three years (RI Gen. Laws §9-1-14.1). The time is measured from the date you knew or should have known that a mistake was made. Other time limits can apply if the doctor was a governmental employee or if the institution involved was a state institution.
What is informed consent?
Sometimes a doctor or other health care professional has performed his services in conformance with good practice but is still liable because he failed to explain what he was doing adequately enough to allow the patient to make an informed choice. This issue often arises where a doctor, in the course of surgical procedure, goes further than what was contemplated at the beginning of the surgery or further than what is explained on the consent form. This could occur if the doctor was justifiably surprised by what he encountered during the surgery. The doctor is not automatically liable in such a situation and would be only if "an objective and reasonably prudent person in the position of the patient" would not have consented to the procedure.
Medical malpractice occurs when a doctor or other health care provider, whether it be an individual or an institution like a hospital, delivers care that is substandard, or, in other words, below the level of care that "an average" health care professional would give.
Should I sue?
You should sue if you have been the victim of substandard care and have been injured seriously enough.
How do I know if there has been malpractice?
Sometimes malpractice by a doctor or other healthcare professional is obvious. If a doctor operates on the wrong knee you don't need an expert to tell you that there was malpractice. In most cases, however, although the circumstances may raise a suspicion of medical malpractice, experts are needed. In Connecticut you cannot sue a doctor or other healthcare provider, except in the most obvious of cases, without a written opinion by a doctor or other healthcare provider who is in the same field of practice as the health care provider you want to sue. That opinion must verify that there was malpractice. The opinion has to be included in your filing papers, or complaint, which starts the lawsuit.
Why wouldn't I sue a doctor of healthcare provider?
Obviously, you wouldn't sue a doctor or health care professional if he hadn't done anything wrong. But sometimes just doing something wrong isn't enough. To a greater extent than in any other kind of personal injury case, injuries in medical malpractice cases have to be of a more serious nature in order to justify the suit. The costs to implement and run a medical malpractice case are substantially higher than in many other kinds of cases and the costs of running the case to a great extent are not recoverable in the suit even if it is sucessful. If the damages are not likely to be high enough to significantly exceed the costs of the case, the malpractice case can't be justified.
How do I find experts?
Usually one has to go beyond the geographical area in which the doctor or health care professional practices in order to obtain expert opinions with respect to a doctor or other health care professional's performance. Experts can be found on the internet, through the use of expert witness data banks, through the use of companies that act as locators, by word of mouth, etc. Sometimes you can even locate experts through case law research in cases in which experts have testified. It is highly unlikely that a doctor from the same locale would offer an opinion criticizing a colleague's performance.
Am I responsible for the costs of experts, or other costs, if the case is not successful?
Simply put, no. If I am not successful, the costs of the case are absorbed by me.
What are the damages in a medical malpractice case?
The damages in medical malpractice are as varied as the people who are victims of medical malpractice. If the malpractice causes the death of the patient, the first damages would be for lost income of the person. Connecticut law, unlike many other states, provides for damages for the loss of life itself, with the loss of the good things that the decedent would never get to experience. While such damages may be hard to evaluate they constitute the lion's share of all damages in death cases. In cases where the person has not died as a result of the medical malpractice, the damages are evaluated by examining loss of income, both past and future, loss of the person's ability to perform the activities of daily living, whatever they may be, physical and mental pain and suffering, and anticipated costs for future medical care.
How does a person sue for medical malpractice if the malpractice has caused his/her death?
Someone close to the decedent has to apply to be appointed legal representative of the decedent in a probate court. My office assists with this process.
Should I inform my doctor of my suspicion about his malpractice before I consult with an attorney?
Generally speaking, this is a bad idea. The outcome of the case can depend on acquiring medical records before they are edited, deleted or added to, which sometimes happens when a doctor or other health care professional has been given advance warning of a potential suit.
What is the statute of limitations?
The statute of limitations is the time period established by the state limiting the duration of your ability to sue. In Connecticut you have two years to sue a doctor or other health care professional for negligence (Conn. Gen. Stat. §52-584). In Rhode Island the statute of limitations is three years (RI Gen. Laws §9-1-14.1). The time is measured from the date you knew or should have known that a mistake was made. Other time limits can apply if the doctor was a governmental employee or if the institution involved was a state institution.
What is informed consent?
Sometimes a doctor or other health care professional has performed his services in conformance with good practice but is still liable because he failed to explain what he was doing adequately enough to allow the patient to make an informed choice. This issue often arises where a doctor, in the course of surgical procedure, goes further than what was contemplated at the beginning of the surgery or further than what is explained on the consent form. This could occur if the doctor was justifiably surprised by what he encountered during the surgery. The doctor is not automatically liable in such a situation and would be only if "an objective and reasonably prudent person in the position of the patient" would not have consented to the procedure.
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860-886-2800
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I am available for evening, weekend and in home appointments
860-886-2800
[email protected]
I am available for evening, weekend and in home appointments
