Connecticut Medical Malpractice & Medical Negligence Glossary
Trying to understand whether a medical mistake caused serious harm can become even more difficult when medical records and legal explanations use unfamiliar terms. The definitions below cover both the medical language you might see in your records and the legal terms that shape a case.
Connecticut Medical Malpractice Terms: A to Z Glossary
Medical malpractice claims come with their own vocabulary, and some terms sound more complicated than the ideas behind them. When common medical malpractice terms are explained in plain English, they become easier to understand. The following terms are common in medical malpractice claims.
Adverse Event
An adverse event is an unwanted medical occurrence that occurs during or after a patient’s care. It does not necessarily mean the care caused the problem. However, when substandard care causes an adverse event, the harm could be considered an adverse event that supports a malpractice claim.
Burden of Proof
The burden of proof describes the legal responsibility to prove the facts of a case. In a civil lawsuit, the standard of proof is generally a “preponderance of the evidence,” meaning a fact is more likely than not to be true. In a medical malpractice case, the patient carries this burden. They must prove that the provider’s care fell below the accepted standard and caused an injury that justifies an award of damages.
Breach of the Standard of Care
A breach of the standard of care occurs when a healthcare provider’s actions fall outside what a reasonably prudent and similar provider would have done under the same circumstances. This does not mean that doctors need to choose the same course of treatment. Doctors can make different treatment choices without either choice being negligent. The question becomes whether the chosen care provided met accepted professional standards.
Causation and Proximate Cause
Causation, or proximate cause, is the legal connection between a healthcare provider’s conduct and the patient’s injury. Evidence that a provider made a mistake is not enough on its own. The patient must also prove that the error caused the harm being claimed. Expert testimony can help explain that the harm caused by the medical provider is different from the effects of an underlying illness or a known treatment risk.
Certificate of Merit or a Good Faith Certificate
A certificate of merit, also referred to as a Good Faith Certificate, is a statement that must be provided when filing a lawsuit for a medical malpractice claim. This statement explains that a reasonable inquiry was conducted and has concluded that there is a good-faith basis for alleging medical negligence. Under Connecticut medical malpractice law, you must include this certificate when filing the medical malpractice complaint with the court. You must also include a written opinion from a comparable healthcare provider in support of this certificate. If you fail to submit the certificate and the supporting opinion, your case will likely be dismissed.
Damages
Damages are the money awarded to compensate someone for harm caused by another party. In a malpractice case, a plaintiff may be entitled to economic and non-economic damages.
- Economic damages: Cover financial losses such as medical expenses and lost income
- Non-economic damages: Address personal harm, including physical pain or a reduced quality of life.
Damages can be awarded only after the patient proves that the malpractice caused the losses sought.
Diagnostic Error: Misdiagnosis, Delayed Diagnosis, or Failure to Diagnose
A diagnostic error occurs when a medical provider makes a mistake when diagnosing a patient’s condition. There are different types of diagnostic errors, including:
- Misdiagnosis: A medical misdiagnosis occurs when a provider identifies the wrong condition.
- Delayed diagnosis: A provider reaches the correct diagnosis later than reasonably expected.
- Failure to diagnose: A provider fails to diagnose the condition entirely.
Assessing whether a diagnostic error occurred involves reviewing what the provider knew and what a reasonably careful doctor should have recognized at the time. Whether a patient can sue a doctor for misdiagnosis depends on whether the error caused additional harm. For example, the patient’s condition might have progressed without treatment, or the patient might have undergone unnecessary treatment. A misdiagnosis lawyer can help you better understand if a diagnostic error occurred and how to prove that the error caused additional damages.
Expert Witness
An expert witness is someone whose specialized education or experience qualifies them to give an opinion about technical issues in a lawsuit. Connecticut law sets specific qualifications for healthcare providers who give expert testimony in medical malpractice cases. An expert can compare the defendant’s care with the accepted medical standard and explain whether a departure from that standard caused the patient’s injury.
Hospital-Acquired Infection (HAI)
A hospital-acquired infection is an infection that develops while a patient is receiving healthcare or soon afterward. It is also called a healthcare-associated infection. Contracting an infection in a medical facility does not automatically establish negligence. A malpractice claim could arise if inadequate infection controls or contaminated equipment caused the infection and the patient suffered additional harm.
Informed Consent
Informed consent is a patient’s voluntary agreement to treatment after receiving the information needed to make a knowledgeable decision. That discussion should address what the treatment involves, its material risks, and reasonable alternatives. A claim can arise when a provider withholds information that would have changed the patient’s decision. A signed consent form does not necessarily prove that the required discussion took place.
Medical Malpractice
Medical malpractice occurs when a healthcare professional provides care that falls below the accepted medical standard and causes injury or death. An unsuccessful treatment or poor outcome alone does not establish malpractice.
Negligence
Negligence is the failure to use an appropriate level of care required under the circumstances. It can involve an improper action or a failure to act when action was needed. There are four requirements for a negligence claim:
- Duty: The defendant owed the injured person a legal duty of care.
- Breach: The defendant failed to meet that duty.
- Causation: The breach caused the person’s injury.
- Damages: The injury resulted in losses for which compensation may be awarded.
Proving medical negligence in Connecticut requires the patient to show that the provider fell below the professional standard of care and caused a compensable injury.
Perforation
A perforation is a hole or tear in the wall of an organ or another structure in the body. It can be a known complication of surgery or another medical procedure. Just because a perforation alone does not automatically prove malpractice. Rather, legal questions can arise if an improper technique caused the perforation or if a provider failed to recognize and treat it within a reasonable time.
Res Ipsa Loquitur
Res ipsa loquitur is a Latin phrase meaning “the thing speaks for itself.” This legal doctrine allows the court to infer negligence when an injury would not ordinarily have occurred without the negligent act and its cause was under the defendant’s control.
It only applies in limited circumstances. Typically, it is used when the patient cannot identify the precise negligent act, but the nature of the event indicates a failure to exercise reasonable care. For example, a surgical sponge discovered inside a patient after an operation may support this inference. The patient may not know precisely who failed to remove it, but such an event typically does not occur when reasonable care is exercised.
Sepsis
Sepsis is the body’s extreme response to an infection. This life-threatening condition can cause tissue damage or organ failure. Sepsis alone is not proof of malpractice. However, if sepsis occurs, a claim may arise if a provider failed to prevent a healthcare-related infection or failed to recognize and treat sepsis within a reasonable time, resulting in additional harm.
Similar Healthcare Provider
A similar healthcare provider is a medical professional whose qualifications are sufficiently comparable to those of the provider alleged to have committed negligence. To qualify as a similar healthcare provider, Connecticut law considers whether the providers:
- Work in the same field
- Have similar training
- Have similar specialties
- Have similar board certifications
Before a case is filed, a similar healthcare provider must submit a written opinion supporting the good-faith certificate and may later testify to the standard of care and the breach of that care.
Standard of Care
The standard of care is the level of care, skill, and treatment that a reasonably prudent similar healthcare provider would have provided under the same circumstances. It gives the court a basis for evaluating the defendant’s conduct. Expert testimony usually establishes the applicable standard and explains how the care provided was different.
Statute of Limitations
A statute of limitations identifies how long you have to file a medical malpractice lawsuit. In Connecticut, you have to file your claim within two years of discovering, or reasonably should have discovered, your injury. However, your claim must be filed within three years of the date of the negligent act, regardless of when you discovered it.
Vicarious Liability
Vicarious liability allows one party to be held responsible for another party’s negligence. This is usually because of an employment or agency relationship. For example, a hospital or medical practice may be liable for malpractice committed by an employee acting within the scope of their employment. In some Connecticut cases, liability can also depend on whether the provider appeared to act on behalf of the facility, even if they were not a formal employee.
Written Opinion Letter
A written opinion letter is a signed statement from a similar healthcare provider in support of a medical negligence claim. Connecticut requires that you retain an identifying copy of the letter. A second copy, with the provider’s name and signature removed, is attached to the good-faith certificate filed with the complaint. The letter supports the certificate, but they are separate documents.
Understand Medical Malpractice Terms: Contact Our Connecticut Medical Malpractice Lawyers Today
Medical malpractice cases are complex, and the legal requirements are confusing. Our attorneys at Kennedy, Johnson, Schwab & Roberge, P.C. can review the circumstances of your case and further explain how Connecticut law applies.
At Kennedy Johnson, we have represented people harmed by medical negligence across Connecticut for over 35 years. Our attorneys prepare every case for trial and are ready to present it to a jury when fair compensation cannot be reached through a settlement. Your consultation is free, with no obligation to move forward. Contact KJSR or call 203-865-8430 to speak with our team.
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