The Connecticut Supreme Court recently ruled on the standard of care letter that has been required since 2005 in medical malpractice cases. That letter had been required to be from the same type of medical provider that was allegedly responsible for the malpractice.
Since 2005, that law has come under repeated scrutiny, as both plaintiffs and defendants in medical malpractices cases wanted clarification on who exactly a “similar medical provider” would be. The Supreme Court justices were split in their decision, but stated that in some cases, a letter can come from a medical provider that is more qualified.
The case in question, Wilkins v. Connecticut Childbirth & Women’s Center, focused on a woman who was significantly injured during childbirth. The woman’s injuries were not addressed after the baby was born. The letter submitted by the plaintiff was from an obstetrician-gynecologist. The defense said that the letter couldn’t be accepted because the defendants in the case were nurse midwives.
The trial judge and the Appellate Court both sided with the defendants. The plaintiff is happy with the Supreme Court’s ruling, as this now allows her to continue with her malpractice lawsuit.
Many times, the language of the law is not clear, requiring a judge’s clarification. However, just because there is a ruling that is not favorable to the plaintiff does not mean it is not worth appealing. A medical malpractice case can provide much needed compensation for a victim’s pain and suffering, medical bills and ongoing care. An experienced personal injury attorney can help you learn more about your legal options if you feel you have been a victim of such negligence.
Source: Connecticut Law Tribune, “Supreme Court Gives Edge to Plaintiffs in Med-Mal Cases” Christian Nolan, Dec. 11, 2014
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