How do courts determine validity of medical malpractice lawsuits?

Friday August 22, 2014

Despite the faith that most people have in their medical caregivers, it is entirely possible that a doctor error can result in a medical procedure that injures a patient. New Haven, Connecticut, residents may know that the laws of the state provide a legal remedy for patients and their families suffering from physician’s negligence.

However, to ensure that the courts only handle genuine cases of medical malpractice, certain conditions must be met. Most importantly, the person filing the lawsuit must be able to prove that there was indeed negligence on the part of the doctor. Such proof usually takes the form of another doctor’s opinion, without which the lawsuit may be deemed invalid.

Specifically, the law requires that another physician describe in writing the error committed by the physician accused of medical malpractice. The court may also inquire into the actual procedure, as stipulated by medical science, and seek to compare it with the performed procedure to verify that the opinion of the second doctor is indeed accurate. Because a physician accused of malpractice can lose his or her license, such accusations are taken seriously, and giving false information in a case like this can be grounds for severe penalties.

Because each medical procedure can involve a separate branch of medicine and a degree of specialization, courts scrutinize each case. Often, this requires finding a qualified specialist in the procedure under investigation. Thus, Connecticut courts have the liberty of extending the statute of limitations, or the time in which a case expires, by up to 90 days. Only after a thorough inquiry can a lawsuit be deemed valid, and proceedings initiated.

Source: CT.gov, “Medical Malpractice in Connecticut,” Accessed on Aug. 14, 2014

Source: CT.gov, “Medical Malpractice in Connecticut,” Accessed on Aug. 14, 2014

Get in Touch

Schedule a Free Initial Consultation

At Kennedy, Johnson, Schwab & Roberge, L.L.C., we handle all 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.

News & insights
The Negative Impact of Tailgating
Articles

The Negative Impact of Tailgating

9

August
2022

Common Causes of Construction Lawsuits
Articles

Common Causes of Construction Lawsuits

12

July
2022

The Leading Causes of Trucking Accidents
Articles

The Leading Causes of Trucking Accidents

12

July
2022

Medical Misdiagnosis: What Is It and How To Handle It
News

Medical Misdiagnosis: What Is It and How To Handle It

11

June
2022

The Role of Lack of Informed Consent in Medical Malpractice
Articles

The Role of Lack of Informed Consent in Medical Malpractice

11

June
2022

How to File a Medical Malpractice Lawsuit
Articles

How to File a Medical Malpractice Lawsuit

10

June
2022

Connecticut Auto Accident Laws to Be Aware Of
Articles

Connecticut Auto Accident Laws to Be Aware Of

9

June
2022

How Liability Is Determined for Defective Products
Articles

How Liability Is Determined for Defective Products

26

May
2022

The Most Common Personal Injury Cases
Articles

The Most Common Personal Injury Cases

24

May
2022

How a Pedestrian Accident Lawyer Can Help You
Articles

How a Pedestrian Accident Lawyer Can Help You

22

May
2022