Proving Medical Negligence in a Connecticut Malpractice Lawsuit
Medical negligence occurs when a health care provider fails to meet the accepted standard of care, whether through action or inaction. Although similar to ordinary negligence, medical professionals are held to a higher standard due to their specialized training and the deep trust patients place in them.
If you believe you or a loved one was harmed due to substandard care, a Connecticut medical malpractice attorney can help protect your rights and ensure your claim is filed within the legal deadline.
What Are Some Common Examples of Medical Negligence?
Medical negligence can take many forms. Our attorneys have successfully handled claims against doctors, hospitals, pharmacies, nursing homes, and other health care providers.
Some common examples of medical negligence can include:
- Birth Injuries: Harm to a baby before, during, or shortly after delivery due to improper monitoring, use of forceps, or delayed C-sections.
- Hospital Errors: Surgical mistakes, anesthesia complications, or emergency room mismanagement.
- Medication Error: Prescribing the wrong drug or dosage, or failing to recognize harmful interactions.
- Medical Misdiagnosis: Failing to identify a condition in time, resulting in worsened outcomes
- Pediatric Malpractice: Errors in diagnosis or treatment that cause harm to a child.
- Nursing Home Abuse and Neglect: Poor supervision or improper care resulting in injury or premature death.
What is the Process of Proving Medical Negligence in Connecticut?
How to Prove Medical Negligence in a Connecticut Medical Malpractice Lawsuit
To successfully prove medical negligence in Connecticut, you need to establish:
- Clear doctor-patient relationship: People have attempted to sue doctors for casual advice given at social gatherings such as parties and bars. It is important to understand that to pursue a medical malpractice claim, the doctor must have treated you as a patient or you must have been under their care.
- Your doctor did not meet the accepted standard of care: Medical professionals are held to a higher standard because of their training and the trust that patients place in them.
- The breach of care directly caused your injury: Medical negligence refers to care that doesn’t meet the expected standards of most providers, leading to harmful outcomes.
- That injury resulted in measurable harm: You must show that the injury led to damages, including medical expenses and lost wages.
The Importance of Proving Damages in a Malpractice Lawsuit
In Connecticut, there is no strict limit on the amount of money you can receive in medical malpractice cases. A jury can award whatever amount is considered fair based on the harm you suffered. Damages are typically divided into economic and non-economic categories.
Economic damages, which cover the direct financial losses caused by the provider’s negligence, can include:
- Medical bills (past and future)
- Lost wages
- Reduced future earning capacity
Non-economic damages, which compensate for intangible losses, include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium
To maximize your compensation, you must provide strong documentation of how the malpractice has impacted your physical, emotional, and financial well-being. An experienced Connecticut medical malpractice attorney can help gather the necessary evidence and advocate for the full damages you are entitled to under the law.
Gathering Key Evidence to Support Your Medical Negligence Claim
Gathering evidence is essential for building a robust medical malpractice claim. Key evidence in a medical malpractice lawsuit may include:
- Complete medical records: These show your condition before and after the alleged negligence and help establish a timeline of care.
- Expert witness testimony: Medical experts can clarify how the provider’s actions deviated from the accepted standard of care.
- Documentation of damages: This includes medical bills, proof of lost income, and records of ongoing treatment or disability.
- Personal records: Journals detailing your pain levels, emotional distress, or impact on daily activities can help support non-economic damage claims.
Your attorney may also consult with independent specialists, review internal hospital protocols, or depose staff to gather supporting details. The sooner you start building your case, the better your chances of recovering the full value of your claim.
What Are Some Important Laws You Should Know About Filing a Medical Malpractice Lawsuit in Connecticut?
Understanding Connecticut’s deadlines and legal rules is essential if you are considering a malpractice claim. Missing a key deadline could bar you from recovering any compensation—even if your case is strong.
How Long Do I Have to File My Connecticut Medical Malpractice Claim
In Connecticut, the statute of limitations for medical malpractice lawsuits is two years from the date of the health care provider’s error, provided you were aware of the injury. However, some injuries resulting from medical malpractice may not be immediately discoverable. In such cases, you have up to two years from the date you discovered, or should have reasonably discovered, the injury.
However, Connecticut imposes a three-year absolute deadline. This means that regardless of when you discovered the injury, your case must be filed no more than three years after the actual negligent act or omission.
Are There Exceptions to the Statute of Limitations in Connecticut?
An exception to the three-year limit applies if a doctor has an ongoing breach of the standard of care and a “continuing duty to warn.” This means that if a health care provider continued to violate the standard of care after the initial error—or failed to warn you of complications—they may be held liable beyond the usual three-year limit.
In the case Sherwood v. Danbury Hospital, the Connecticut Supreme Court established three requirements for a continuing duty to warn:
- The defendant must have committed an initial wrongdoing against the patient, i.e., the initial act of medical negligence.
- There must be evidence that the defendant had an ongoing duty related to the original act.
- The defendant’s failure to act or their continued conduct breached that duty.
These exceptions are highly fact-specific. An experienced medical malpractice attorney can help determine if they apply to your case.
Does the Statute of Limitations Change if I Lost a Loved One Due to Medical Negligence?
Yes. If medical negligence resulted in a loved one’s death, Connecticut law treats it as a wrongful death claim, and a different statute of limitations applies. Under Connecticut General Statutes § 52-555, the executor or administrator of the decedent’s estate must file the wrongful death lawsuit within:
- Two years from the date of death, and
- No more than five years from the date of the negligent act or omission that caused the death.
Only the estate’s legal representative can bring a wrongful death claim—not surviving family members directly. An experienced attorney can help initiate this process and ensure the case is properly filed before time runs out.
Why You Need an Experienced Connecticut Medical Malpractice Lawyer
Facing large health care companies takes a lot of resources, medical knowledge, and determination. Without skilled legal representation, victims risk being overwhelmed by these challenges and may settle for less than they deserve.
At Kennedy, Johnson, Schwab & Roberge, P.C., our attorneys have decades of experience handling high-stakes malpractice cases throughout Connecticut. We work with respected medical experts, build strong legal arguments, and fight tirelessly for maximum compensation.
Whether you suffered serious injuries due to surgical negligence or lost a loved one due to a fatal medical error, we can help you understand your rights and pursue justice.
How Much Does It Cost to Hire a Medical Malpractice Lawyer in Connecticut?
Many people hesitate to pursue a medical malpractice case because they worry about the cost. Hiring the right personal injury firm means exploring your legal options with no financial risk. We work on a contingency fee basis, which means you pay nothing unless we win your case. If we secure compensation for you, our fee comes from a percentage of your recovery.
What To Look For When Choosing a Medical Malpractice Attorney?
At KJSR, we have been representing injured patients and their families throughout Connecticut for over 35 years. Our award-winning legal team has earned a reputation for success in complex medical malpractice claims, and when you work with us, you can expect personalized attention, clear communication, and aggressive advocacy at every stage of your case. We are committed to helping our clients recover the compensation they deserve.
Millions Recovered for Victims of Medical Malpractice
We have a long history of securing justice for clients harmed by medical negligence. Our results reflect the depth of our experience and our commitment to holding negligent providers accountable.
Some of our notable medical malpractice case results include:
- $12.5 million recovered for the wrongful death of a patient in a case against Stamford Hospital
- $5.5 million recovered for the wrongful death of a 69-year-old man with mesenteric ischemia
- $5 million recovered for a brain injury caused by a surgical error
- $4 million recovered for a medical malpractice wrongful death claim
- $3.6 million medical malpractice verdict after trial for a patient’s wrongful death
Kennedy, Johnson, Schwab & Roberge, P.C. Your Connecticut Medical Negligence Attorney
For more than 35 years, Kennedy, Johnson, Schwab & Roberge, P.C. has helped patients across Connecticut recover compensation after serious medical mistakes. Our experienced, knowledgeable, and committed attorneys have a proven track record in complex malpractice cases and take a client-centered approach to legal representation. We are ready to fight for your rights and guide you through every step of the legal process.
If you or a loved one has been harmed by a health care provider’s negligence, our legal team is here to guide you. Contact us online or call us at 203-865-8430 to schedule your free consultation.