Understanding Medical Malpractice and the Importance of Medical Records
Medical malpractice occurs when a hospital, doctor, or other medical professional fails to provide the reasonable level of care that another would under similar circumstances. Medical records are crucial evidence in a malpractice claim because they support or refute professional negligence and subsequent harm.
You can file a personal injury claim for malpractice or a wrongful death lawsuit if your loved one died. Kennedy Johnson is an experienced medical malpractice firm, and our skilled attorneys can help you navigate the complex claims process.
What Is Medical Malpractice?
The Connecticut Supreme Court reiterated in Gold v. Greenwich Hospital Assn. that malpractice includes improper treatment or operative skill, or a failure to exercise requisite medical skills. You can file a malpractice claim based on a lack of reasonable care in situations including:
- Birth injuries
- Failure to diagnose
- Hospital errors
- Medication errors
- Medical misdiagnosis
- Nursing home abuse or neglect
- Orthopedic errors
- Pediatric malpractice
- Radiology errors
- Surgical errors
If your doctor failed to secure your informed consent before treatment, that may be medical malpractice, too.
Which Types of Documents Are Classified as Medical Records?
Medical records are health-related, legal, or financial documents that show your health history, treatments, or medical costs. Medical records that can support your malpractice claim include:
- Billing information
- Doctors’ notes
- Admission and discharge records
- Lab results
- Medical history
- Nurses’ reports
- Patient demographics
- Prescribed medications
- Specialists’ records
- Surgical notes
- Surgery recordings
- Test results
- Treatment notes
Why Medical Records Are Critical in Medical Malpractice Claims
Medical records provide an accurate, detailed history of your treatment, diagnosis, and care, serving as the foundation of a medical malpractice case. You need them to protect your right to make a claim, prove that negligence or errors led to your harm, and justify the damages you seek.
Connecticut requires a reasonable inquiry before filing a malpractice claim, including a detailed written statement from a similar health care provider stating that there appears to be evidence of medical negligence. Complete medical records make it easier for another doctor and your attorney to establish that your health care provider failed to meet the required standards of care.
How To Prove Causation and Injury in Medical Malpractice Claims
To win compensation in a medical malpractice case, you must prove that your doctor deviated from a reasonable standard of care and their actions or inactions directly caused your injuries. A poor health outcome without negligence or an error without injuries is not actionable.
For example, if a doctor misdiagnosed your heart attack, you must first prove that in similar circumstances, another doctor would have correctly diagnosed it. Next, you must prove that you have medical bills, pain, or other losses because of the error.
How Accurate and Comprehensive Medical Records Can Strengthen Your Case
Accurate medical records are a powerful tool for establishing the validity of a malpractice claim because they document key steps in your care, including:
- Medical history collection
- Tests
- Diagnoses
- Procedures
- Medications and doses
- Response to treatment
Well-maintained, complete medical records are difficult to challenge, and they strengthen a malpractice claim. Incomplete or inaccurate records cause confusion around liability and damages.
The Effect of Medical Records on Medical Malpractice Claim Timelines
Having medical records to prove your case can prevent a judge from dismissing it and speed up your payout timeline. Records that prove negligence and damages assist you in:
- Getting the statutorily required reasonable inquiry letter from another doctor quickly
- Avoiding missed deadlines
- Achieving a faster resolution by avoiding delays
- Securing a settlement without trial based on the strength of your case
How Medical Records Can Support Your Medical Malpractice Lawsuit in Court
Medical records provide clarity for insurance companies and juries in complex medical malpractice claims. They address key aspects of your claim, including:
- The timeline of events leading to your injury
- Evidence of a delayed or missed diagnosis, or a misdiagnosis
- The specific actions or inactions that prove negligence
- Your subsequent losses
How Do I Legally Obtain Medical Records for My Medical Malpractice Case?
You can request your medical records from your healthcare provider. Your doctor or the hospital must follow privacy laws, and they cannot deny you access if you have an outstanding bill, though reasonable, cost-based copy/portal labor fees may apply.
Follow the correct procedures in obtaining any medical records so they are admissible in court and to maintain the integrity of your claim. A skilled malpractice lawyer can assist you.
What Are Some Common Legal Challenges With Medical Records in Medical Malpractice Cases?
Accurate and complete medical records are crucial for your malpractice claim. Improper documentation can delay or weaken your case, leading to reduced or no compensation.
Address common problems immediately to make the claims process smoother and avoid mistakes.
What Are the Common Pitfalls in Medical Record Management for Malpractice Cases?
Written and electronic medical records sometimes contain incomplete or illegible entries, inconsistent treatment or procedure notations, and missing patient concerns. Gaps such as these can weaken your case by undermining the credibility of the records that form the basis of your negligence and damages claims.
How To Overcome Inaccuracies or Missing Records in Medical Malpractice Lawsuits?
Federal law grants you the right to request an amendment of your medical records, and the record holder has 60 days to act on your request—with one allowable 30-day extension. A skilled malpractice attorney works with medical experts to interpret your records, fill in gaps, and identify potential errors.
The Statute of Limitations on Filing a Claim in Connecticut
A statute of limitations provides a deadline by which you must file a lawsuit. In Connecticut, the statute of limitations on medical malpractice claims is two years, starting from the date your injury was first sustained, discovered, or should have been discovered to file suit, but no more than three years from the act or omission.
Even if you think you’ve missed the deadline or aren’t sure how long you have to file a lawsuit, reach out to our respected medical malpractice attorneys to determine if your case meets an exception, such as a reasonable delay in discovering your injury.
If your loved one died due to medical malpractice, you have two years from the date of death and no later than five years from the act or omission to file a wrongful death lawsuit.
How Does Patient Privacy and HIPAA Compliance Affect Medical Malpractice Lawsuits?
The Health Insurance Portability and Accountability Act, or HIPAA, establishes standards for the protection and disclosure of sensitive health information. Proof of violations of patient privacy laws can show that a health care provider is negligent in their practices, and could enable you to file an additional claim.
HIPAA does not provide a private right of action; however, privacy breaches may support state-law claims and can be evidence of substandard practices.
The Future of Medical Recordkeeping and Its Impact on Malpractice Litigation
Evolving digital storage procedures and the availability of patient apps give you increased access to your medical records across providers. Through online medical record portals like MyChart, you can review prescribed medications, test results, medical bills, and more in one place, even if you visit multiple providers.
Legal professionals can help you stay abreast of the latest changes in the storage of and access to records and how they affect your malpractice case.
The Impact of AI and Technology on Medical Record Management
Artificial intelligence, or AI, is redefining medical documentation for doctors, patients, and legal professionals. Its use makes it easier to create, obtain, store, and share medical records, and allows for the analysis of vast amounts of data.
These changes streamline processes for attorneys who need medical documents as evidence and who must identify potential errors or inconsistencies that impact malpractice cases.
Legal Considerations for Medical Records in the Digital Age
Digital records are often easier to access, better organized, and often more secure than written records. However, health care providers must address cybersecurity, data privacy, and the accuracy of digital documentation as they integrate new electronic medical record protocols.
As technology advances, its role in malpractice claims will continue to grow, and health care providers and attorneys must prepare for the challenges it can present.
Why You Need an Experienced Attorney for Your Medical Malpractice Lawsuit
It takes experience to analyze complex medical records, terminology, and procedures for a medical malpractice claim. Your case also requires the legal skills to prove that a doctor or hospital’s actions are negligent. Our accomplished medical malpractice team works with trusted medical experts so we can properly evaluate every detail of your case.
What Can You Expect From Your Medical Malpractice Lawyer?
As a victim of medical malpractice, you’re already dealing with your injuries in addition to the daunting insurance and legal processes to fight for fair compensation. A respected medical malpractice lawyer assumes tasks, including:
- Investigating the circumstances leading to your malpractice claim
- Gathering and preserving evidence
- Identifying witnesses who observed your treatment
- Meeting filing deadlines
- Negotiating with all involved parties
- Representing you in court if there is no settlement
- Letting you focus on recovery while they handle legal complexities
Why Hire a Medical Malpractice Lawyer From KJSR?
Our firm has been representing everyday people in Connecticut since 1988, with a proven history of navigating legally complex cases. We have a strong reputation throughout the state for securing significant financial recoveries for clients, and have received accolades that include:
- 2025 Best Law Firms in New Haven
- 2025 Best Lawyers in America, including John Kennedy Jr., Stephanie Roberge, Robert Schwab, Louis Annecchino, Michael Kennedy, and Patrick Kennedy
View our client testimonials to find examples of the many reasons to choose KJSR to support you, protect your rights, and seek fair compensation.
How To Maximize Your Compensation With a Personal Injury Claim at Kennedy, Johnson, Schwab & Roberge, P.C.
Settlement amounts in malpractice cases vary based on factors unique to your case, such as the extent of your injuries, your short- and long-term losses and expenses, and the quality of your evidence. Our award-winning attorneys have extensive experience calculating damages and proving liability, leading to significant settlements and verdicts.
$17M
Hospital Malpractice Case Resulting in Stillborn Child
Medical Malpractice
$7.3M
Death of a 69-Year-Old Man with Mesenteric Ischemia
Medical Malpractice
$7.25M
Psychiatric Malpractice in Hospital Resulting in Serious Injuries
Medical Malpractice
$6M
Failure to Monitor Postoperative Vital Signs Resulting in Death
Medical Malpractice
$5M
Brain injury caused by surgical error of neurosurgeon.
Medical Malpractice
$5M
Failure to Diagnose and Treat a Stroke Resulting in Death
Medical Malpractice
Contact Our Medical Malpractice Attorneys Today at Kennedy, Johnson, Schwab & Roberge, P.C.
If medical malpractice led to your injuries or your loved one’s death, act now by contacting our lawyers today at 203-865-8430 or completing our online contact form so we can discuss your legal options and potential compensation. We offer confidential, free consultations and take cases on a contingency fee basis, so you don’t pay us unless you win.
Our firm has convenient office locations in New Haven, Norwalk, and West Hartford.
FAQs About Medical Records and Medical Malpractice
Our knowledgeable attorneys are happy to answer medical malpractice questions you have about your case.
How Much Does It Cost To Hire a Medical Malpractice Attorney?
You have no upfront costs, and only pay us if you win compensation. Our top-rated medical malpractice firm investigates and litigates your case on a contingency basis, which means you pay us out of your settlement.
How Long Do I Have To File My Connecticut Medical Malpractice Claim in Connecticut?
You generally have two years from discovery (or when it should have been discovered) to file a malpractice claim, but no more than three years from the act or omission. For wrongful death tied to malpractice, it’s two years from death and no later than five years from the act or omission. Our attorneys will determine the proper deadline for your medical malpractice lawsuit and file it on time.
How Much Is My Medical Malpractice Lawsuit Claim Worth?
Your specific economic and non-economic damages, such as medical bills or pain and suffering, determine a potential malpractice settlement or verdict. We can give you an idea of your case’s worth during your free consultation, and we know how to find medical malpractice records to support your claim.
What Damages Can I Claim in a Medical Malpractice Lawsuit?
In a medical malpractice claim, you can seek economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering. Medical records and expert testimony are some of the types of evidence that prove your losses.
I Lost a Loved One Due to Medical Malpractice. Do I Have a Case?
Yes, but how a malpractice lawsuit works is different if it involves a death. Under Connecticut’s wrongful death statute, only your loved one’s estate executor or administrator can bring a wrongful death claim.