When they go to the hospital, people expect to have their injuries and illnesses treated in a professional manner. No one ever expects to have their condition worsened because of a doctor’s mistakes. Yet medical negligence is prevalent in hospitals and clinics across the country. Medical malpractice claims involve a wide range of procedures, from failing to diagnose a dangerous condition to operating on the wrong side of the body.
Medical malpractice occurs when a physician breaches (or falls below) the duty of care owed to a patient by deviating from accepted standards of practice, and such a breach results in harm to the patient. This is different than a procedure or treatment simply being unsuccessful, or a patient being unsatisfied with their results. Since malpractice is based on a theory of negligence, there must be proof that the medical professional or facility did not use reasonable care in treating a patient. This is usually proven by showing that the healthcare professional acted in a manner that was not consistent with industry standards.
Many patients believe that their doctors have been negligent and seek damages in a lawsuit, but courts only focus on actual damages stemming from a breach in the duty of care. As such, the emotional trauma or embarrassment from a botched procedure may not be enough to support a claim. To determine if you may have a case, consider these factors:
If you or a loved one has been harmed in the midst of a medical procedure, an experienced attorney can advise you of your rights and options.
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.