New Haven Medical Malpractice Attorney

Medical Malpractice Attorney in New Haven, CT

When you seek care from a medical provider, you trust they will timely and effectively address your medical concerns and conditions. Unfortunately, everyone makes mistakes, even those in the medical field. 

If you’ve been harmed by a healthcare provider or facility, consult with a medical malpractice law firm as soon as possible. 

Choosing the Right Medical Malpractice Law Firm

When it comes to choosing the right medical malpractice law firm, we know you have countless options. However, our legal team’s skill, dedication, and successes make Kennedy, Johnson, Schwab & Roberge stand out from the rest.

With over 30 years of experience, our medical malpractice attorneys have done and seen it all. We use our extensive skills and resources to investigate your claim, create a strong legal strategy, and seek the fairest compensation. 

If a medical professional has wronged you, we’re here to help you. Contact us today to request a complimentary consultation. 

Understanding Medical Malpractice

You’ve likely heard of medical malpractice, but what exactly does it mean?

Medical malpractice indicates a medical professional has deviated from the acceptable standard of care and caused harm. Doctors, hospitals, and others in the medical field owe patients a high duty of care, and when certain acts or omissions breach this duty of care, there is a higher likelihood of causing undue harm to patients. 

While medical malpractice can arise for many different reasons, some of the most common ones include:

  • Failure to diagnose properly and timely
  • Failure to take down the patient’s health history
  • Failure to order required diagnostic testing
  • Failure to treat a medical condition
  • Surgical errors, including leaving instruments inside a patient or operating on the wrong body part
  • Premature release from the hospital
  • Prescription medication errors, including prescribing the wrong dosage or failure to notice dangerous drug interactions
  • Injuries during labor and childbirth

Medical malpractice is one of the common types of cases under personal injury law. Personal injury law allows individuals injured by a party’s wrongdoings to pursue justice and monetary recovery for their losses.

If you’ve been harmed by a medical provider, do not wait to discuss your situation with a knowledgeable medical malpractice attorney. 

Filing a Medical Malpractice Case in Connecticut

If you’re considering filing a medical malpractice lawsuit, it is critical to understand the way the state of Connecticut handles these types of cases.

Like any other state, Connecticut has its own laws regarding medical malpractice claims. However, unlike other types of personal injury cases that allow you to file a lawsuit against the at-fault party, there are specific prerequisites you must fulfill before you can file your malpractice claim.

The lawmakers in Connecticut have imposed a hurdle in the path toward compensation for medical malpractice. Under Connecticut law, you must file a certificate with the court stating the following:

  • You or your medical malpractice lawyer has made a reasonable inquiry and determined there is a “good-faith belief” that there has been negligence by your provider
  • The inquiry has given rise to a good-faith belief that there is a viable claim against the proposed defendant

Additionally, you must also obtain a written and signed opinion from a medical expert. The expert should include the following:

  • Their opinion that they believe you’ve been harmed by medical malpractice
  • Details supporting their opinion

While this step can be frustrating and prolong the process, it is necessary in order to proceed with your medical malpractice case. This additional step is partly to prevent individuals from filing baseless and frivolous medical malpractice lawsuits.

Your medical malpractice attorney will handle the required inquiry and obtain a medical expert’s opinion to file with the court and move forward with your case. 

Liability for Medical Malpractice Cases

After establishing that your investigation has yielded strong indications that you’ve suffered harm due to medical malpractice, you must prove the defendant’s fault.

Many parties in the medical field can be liable for medical malpractice, depending on the details of your harm:

  • Doctors, including surgeons and anesthesiologists
  • Nurses, including registered nurses, nurse practitioners, and nurse aides
  • Hospitals
  • Hospital administrators
  • Rehabilitation facilities
  • Pharmacists

One of the first and most critical steps concerning liability for medical malpractice is showing that the physician or facility treated you. Then, you must exhibit the connection between their wrongdoings and your injury.

When it comes to medical malpractice, a majority of these cases rest upon a theory of negligence. Negligence refers to a party’s failure to act like a reasonable person would have acted in that situation. 

In a medical malpractice case, the “reasonable person” would depend on specific details. For example, if your case involves a surgical error, the reasonable person would be a surgeon with similar training and experience. 

Establishing a medical provider’s negligence requires satisfying these required elements:

  • Duty of Care: You sought medical care from a provider or facility, and they owed you a duty of care
  • Breach of Duty: The party’s act or omission caused them to breach the duty of care owed to you
  • Causation: There is a relationship between the party’s wrongdoing and your eventual harm; the party’s actions were the direct and proximate cause of your injury
  • Damages: You suffered real losses as a result of your injuries

Successfully proving liability by showing the connection between your treatment and your injuries is one of the most significant aspects of a medical malpractice case. 

Clients often have questions regarding medical malpractice. Here are some of the most common ones. We’re also happy to address your personal concerns during your initial consultation. 

How it Works

Contingency Fees

At Kennedy, Johnson, Schwab & Roberge, P.C., we handle all Medical Malpractice cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.

Schedule a free, confidential consultation with a skilled Connecticut personal injury lawyer today. Contact us online or call our New Haven law firm directly at 203-865-8430.


Medical Malpractice FAQs

What Evidence Is Used to Prove Medical Malpractice?

Like most personal injury cases, evidence can make or break a case. Therefore, your medical malpractice lawyer will do everything necessary to request and obtain pertinent and necessary evidence and documentation to strengthen your case.

The most important evidence in a medical malpractice case is your medical records. Doctors and medical providers are required to keep detailed records at all times. These records often include helpful information for building a malpractice case. 

Additionally, your medical malpractice lawyer may use witness and medical expert testimony to further back up your claims.

How Do I Know the Value of My Case?

Your medical malpractice law firm will investigate the details of your harm and losses to calculate your damages and determine how much your case is worth. 

The value of your case depends on several factors, including the total of your medical bills, whether you will require medical care in the future, and how your resulting injuries will affect your health and quality of life moving forward. 

You can trust your medical malpractice lawyer to assess the extent of your monetary and nonmonetary losses in order to pursue maximum compensation on your behalf. 

What Happens if I’ve Lost a Loved One as a Result of Medical Malpractice?

If your loved one was hurt by medical malpractice, and their harm resulted in their death, you may have a valid claim for wrongful death. The attorneys at our medical malpractice law firm can also provide valuable guidance regarding wrongful death lawsuits and how to go about pursuing the compensation you’re owed for your loss. 

Do I Really Need a Medical Malpractice Lawyer to Handle My Case?

Under the law, you are not required to hire legal representation. However, if you’re interested in reaching the most favorable outcome for your case, it is best to have a medical malpractice lawyer on your side.

A skilled attorney can handle every aspect of your case, giving you confidence and peace of mind when you need it most. 

What Is the Statute of Limitations for Medical Malpractice Cases in Connecticut?

If you wish to file a lawsuit for medical malpractice, you have a limited time to do so. The statute of limitations for medical malpractice cases in Connecticut is two to three years. The clock begins to run on the day you discovered — or reasonably should have discovered — the malpractice. 

In some situations, you may be allotted an additional 90 days to perform your required inquiry. 

Failure to file your claim within the specified time usually results in your inability to recover compensation for your harm. 

Consult with a Qualified Medical Malpractice Attorney Today

If you sought medical treatment and instead walked away with an unexpected injury due to medical malpractice, we want to hear from you. Contact Kennedy, Johnson, Schwab & Roberge today to schedule your free case review. 

Top Medical Malpractice Results