Connecticut Medical Malpractice Lawyer

If you have been injured or a loved one was injured or killed by medical negligence, you’re probably confused about what happened, thinking about legal options, and wondering how to find the best medical malpractice lawyer in Connecticut.

The right lawyer will possess a unique blend of legal proficiency, medical knowledge, and negotiation skills.  Let’s explore what sets top-tier malpractice attorneys apart.

Understanding Medical Malpractice in Connecticut

In an age of assembly-line medicine, there is no shortage of preventable medical errors.

Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient. In Connecticut, medical malpractice law recognizes several general types of negligence:

1. Misdiagnosis or delayed diagnosis
2. Surgical errors
3. Medication mistakes
4. Birth injury and labor & delivery malpractice
5. Hospital negligence

The impact of negligence can be devastating, leading to:

• Worsened medical conditions
• Death
• Additional treatments or surgeries
• Long-term disabilities
• Emotional trauma
• Financial burdens

A medical malpractice lawyer from the Brill Law Group can help you understand your rights and determine if you have a valid claim. 

 

Common Types of Medical Negligence

Understanding the common types of medical negligence is essential when seeking the best medical malpractice law firm in Connecticut. You’ll find that misdiagnosis or delayed diagnosis, surgical errors, and medication mistakes are among the most frequent forms of medical malpractice.

Misdiagnosis or Delayed Diagnosis

Misdiagnosis or delayed diagnosis can have severe consequences for patients.  Misdiagnosis occurs when a healthcare provider incorrectly identifies a condition, while delayed diagnosis happens when a correct diagnosis is made later than it should have been.

Misdiagnosis causes can include:

1. Failure to order appropriate tests
2. Misinterpretation of test results
3. Overlooking important symptoms
4. Lack of proper communication between healthcare providers

The implications of delayed diagnosis can be life-altering, potentially leading to worsened health outcomes, increased medical expenses, and emotional distress. In some cases, a delayed diagnosis may result in a missed opportunity for early treatment, greatly impacting a patient’s prognosis.

 

Types of Misdiagnosis

1. Cancer misdiagnosis: Misreading radiologic studies (e.g., missing a lesion on a CT scan or mammogram); failing to order a biopsy or specialist referral in response to suspicious findings, or dismissing abnormal test results as benign or unrelated
2. Stroke misdiagnosis: Failing to rule out stroke as a cause of various symptoms like sudden confusion, dizziness, vision changes, or imbalance symptoms; improperly attributing stroke symptoms to intoxication, migraines, or anxiety.
3. Infection misdiagnosis: failing to monitor spiking white blood cell counts, patient-reported chills, or urinalysis indicating bacterial growth.
4. Heart attack misdiagnosis: misinterpreting chest pain; misreading EKGs.
5. Sepsis misdiagnosis: ignoring signs of systemic infection during surgery such as rising body temperatures, low blood pressure, or high white blood cell counts.
6. Bleed misdiagnosis: failing to recognize signs internal bleeding during or after surgery such as sudden drops in blood pressure, falling hemoglobin/hematocrit levels, or changes in vital signs.

The Brill Law Group understands the nuances of misdiagnosis cases and can guide you through the process of seeking compensation for your damages. Remember, timely and accurate diagnosis is essential for effective medical treatment, and healthcare providers have a duty to meet the standard of care.

 

Birth Injuries Caused by Medical Negligence

Birth injuries can have devastating, lifelong consequences. At Brill Law Group, we represent Connecticut families when medical professionals fail to uphold the standard of care during pregnancy, labor, or delivery.

Types of Birth Injury Claims

These are some of the most common scenarios we see that may give rise to a valid birth injury claim:

• Failure to monitor fetal distress: Ignoring signs of oxygen deprivation on fetal heart rate monitors
• Delayed decision to perform a C-section: Waiting too long after complications arise
• Improper use of forceps or vacuum devices: Causing skull fractures or nerve damage
• Excessive force during delivery: Leading to shoulder dystocia, Erb’s palsy, or brachial plexus injuries
• Missed diagnosis of maternal infection or preeclampsia: Causing harm to the baby or mother
• Failure to identify umbilical cord problems: Such as cord prolapse or restricted blood flow

These cases often involve time-sensitive decisions. When doctors hesitate—or miss warning signs—the results can be catastrophic.

 

Hospital Negligence

Hospital staff and doctors have very hard jobs.  But that doesn’t excuse them from negligence when they don’t follow the standard of care appropriate for hospital healthcare workers.

Common Hospital Negligence Scenarios

• Failure to monitor patients properly post-surgery or during recovery
• Negligent nursing care, including medication errors and bed sores
• Delayed response to emergencies, such as internal bleeding or stroke symptoms
• Understaffing or inadequate supervision of residents or trainees
• Contaminated equipment or infections acquired during hospitalization.

These claims often involve systemic failures rather than individual errors. We investigate staffing logs, chain-of-command failures, and hospital protocols to uncover the root cause.

Anesthesia Errors

Anesthesia is a high-risk field of medicine  Mistakes can lead to permanent brain injury or even death, often within minutes.

Examples of Anesthesia Malpractice

• Failure to properly monitor oxygen levels during surgery
• Improper dosing or failure to account for pre-existing conditions
• Delayed intubation or failed airway management
• Failure to review medical history or medication allergies
• Awareness under anesthesia (patient is awake but paralyzed)

These cases often hinge on timing, monitoring, and charting and require expert anesthesiology review from day one.

 

Surgical Errors

Surgical errors represent another serious form of medical negligence that patients may encounter.  These errors can lead to severe complications and compromise patient safety, often resulting in long-term consequences for the victim.

Common types of surgical errors include:

1. Wrong-site surgery
2. Leaving surgical instruments inside the patient
3. Anesthesia errors
4. Unnecessary surgery
5. Damaging nerves and organs during the procedure

Surgical errors can occur when surgeons fail to use the most up-to-date technology or fail to follow the proper surgical guidelines.  In addition, when surgeons fail to obtain the necessary consent from the patient, or they operate beyond what was agreed to by the patient, negligence has occurred.

If you’ve experienced surgical complications due to a medical professional’s negligence, you may be entitled to compensation.  A Connecticut medical malpractice attorney can help you maneuver the complex legal process and protect your rights.

 

Lack of Informed Consent

Even when a procedure is technically performed correctly, patients have a right to make fully informed decisions about their care. Failing to provide this information can give rise to a valid malpractice claim.

Informed Consent Failures May Include:

• Not disclosing major risks of a surgery or treatment
• Failing to discuss alternatives, such as non-surgical options
• Consent obtained under pressure or without proper understanding
• Not aborting a procedure when it exceeds the scope of consent.  If a patient consents to a certain procedure, but the surgeon begins embarking on a different or more extensive procedure without obtained revised consent, negligence may have occurred.  For instance if consent is given for the removal of one ovary, but both are removed without prior discussion.  Only a true emergency allows a doctor to exceed the scope of the patient’s consent.

Remember, just because you consented to the risks of the procedure, does not mean you consented to negligence.  If the doctor performed the consented-to procedure in a negligent manner, the informed consent form does not shield them from liability.

 

Medication Mistakes

Medication mistakes are another vital area where patients may become the victim of negligence. These errors can have severe consequences, ranging from minor side effects to life-threatening complications. Prescription negligence occurs when healthcare providers fail to exercise due care in prescribing, administering, or monitoring medications.

If you’ve been a victim of medication errors, it’s important to understand the various types of mistakes that can occur:

1. Incorrect dosage: Administering too much or too little of a medication
2. Wrong medication: Prescribing or giving the wrong drug to a patient
3. Failure to check for drug interactions: Neglecting to take into account potential conflicts with other medications
4. Improper administration: Incorrect route, timing, or method of giving medication

These errors can result from various factors, including miscommunication, inadequate training, or systemic issues within healthcare facilities.

 

Legal Process for Malpractice Claims

When pursuing a medical malpractice claim in Connecticut, understanding the legal process is essential.  Here’s what you need to know:

1. Statute of Limitations: You must file your claim within two years from the date of injury or discovery.
2. Certificate of Good Faith: Your medical malpractice attorney must certified that they’ve fully investigated your case and believe negligence occurred.
3. Expert Testimony:  You must obtain an opinion letter from a “similar healthcare provider” stating there’s evidence of negligence.
4. Filing the Complaint: Your attorney will draft and file a formal complaint detailing the allegations against the healthcare provider.
5. Discovery Phase: Both sides gather evidence, including medical records and professional testimony.
6. Negotiations: Many cases settle out of court through mediation or arbitration.
7. Trial: If a settlement isn’t reached, your case proceeds to trial.

The Brill Law Group can guide you through each step, ensuring your rights are protected and maximizing your chances of a favorable outcome in your medical malpractice claim.

 

Compensation in Malpractice Cases

Victims of medical malpractice often wonder about the types of compensation they may be entitled to. So when seeking the best medical malpractice lawyer in Connecticut, it’s essential to understand the potential damages awarded in these cases.

In medical malpractice cases, you may be eligible for several types of compensation:

1. Economic damages: These include measurable financial losses, such as medical bills, lost wages, and future medical expenses related to the injury.
2. Non-economic damages: These cover intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.
3. Punitive damages: In cases of gross negligence or intentional misconduct, these additional damages may be awarded to punish the responsible party.
4. Loss of consortium: This compensates family members for the loss of companionship or support due to the victim’s injuries.

Understanding these categories can help you work more effectively with your Connecticut medical negligence lawyer to pursue fair compensation. The Brill Law Group can guide you through the intricacies of malpractice claims, ensuring you’re fully informed about potential damages and the legal process involved in securing appropriate compensation for your injuries.

 

Statute of Limitations

If you’re considering filing a medical malpractice claim in Connecticut, it’s important to understand the statute of limitations. This legal timeframe dictates how long you have to initiate a lawsuit after the alleged malpractice occurred. In Connecticut, the statute of limitations for medical malpractice cases is generally two years from the date of the injury or when it was discovered.

It’s significant to note that there are exceptions to the standard two-year rule:

1. Discovery Rule: If the injury wasn’t immediately apparent, the “discovery rule” may apply, extending the filing deadline to when you reasonably should have discovered the injury.  However, Connecticut has a statute of repose, which means that regardless of when you discovered the injury, you can never bring a claim if more than three years have passed since the negligent act.  This is a harsh rule that says “you are barred after three years, regardless of if the negligence was latent or failed to manifest itself.”
2. Continuing Treatment: If the healthcare provider continued to treat you after the negligence, the statute of limitations starts to run when they stop treating you for that condition.  This is called the “Continuous Treatment” or “Continuing Course of Conduct” doctrine.
3. Fraudulent Concealment: Under Connecticut law, if a claim for medical negligence is fraudulently concealed by a provider, the statute of limitations begins to run when the victim discovers the concealment.  Thus, the statute is “tolled” or paused by the concealment.

 

Choosing the Best Medical Malpractice Lawyer in CT

When choosing your malpractice lawyer, it’s vital to reflect on several key factors to guarantee you find the right fit for your case.

To help you make an informed decision, reflect on the following when evaluating potential attorneys:

1. Experience: Look for a lawyer with a proven track record in handling medical malpractice cases specifically in Connecticut.
2. Resources: Confirm the attorney has access to medical professionals and the financial means to pursue your case thoroughly.
3. Communication: Choose a lawyer who explains complex legal concepts clearly and keeps you informed throughout the process.
4. Reputation: Research the attorney’s standing in the legal community and among past clients.

At Brill Law Group, we acknowledge the importance of selecting a knowledgeable and compassionate attorney to guide you through this challenging time.  We have a wealth of experience in medical malpractice law and have access to top-flight experts around the country.

Remember, the best medical malpractice attorney in Connecticut will be one who not only possesses the necessary legal knowledge but also demonstrates a genuine commitment to your case and well-being.

 

Building a Strong Malpractice Case

Building a strong medical malpractice case is vital when seeking justice for the harm you’ve endured. To establish a compelling claim, you’ll need to work closely with your personal injury lawyer to gather essential evidence and specialist testimonies. This process involves:

1. Collecting all relevant medical records
2. Obtaining witness statements
3. Securing expert opinions from qualified medical professionals

Key elements in building a strong malpractice case include:

• Establishing a doctor-patient relationship
• Proving the healthcare provider’s negligence
• Demonstrating that the negligence directly caused your injury
• Documenting the extent of damages you’ve suffered

 

The Brill Law Group understands the challenges of medical malpractice cases and will work tirelessly to build a robust case on your behalf. We’ll collaborate with medical experts, gather compelling evidence, and craft a persuasive argument to support your claim. Remember, a well-prepared case greatly increases your chances of securing fair compensation for your injuries and losses.

If you believe a misdiagnosis or surgical error caused serious harm, call Brill Law Group for a no-pressure case review. We’ll give you an honest assessment, even if that means telling you not to pursue the case.