Medical Malpractice

Medical Malpractice

Should You Hire a Medical Malpractice Lawyer?

In a nutshell:

You may be able to settle your own case if you were not injured or only sought minimal treatment.
Medical Malpractice lawyers typically charge a fee equal to 33.33% of your settlement proceeds when the case is over. They are not "free."
Connecticut medical malpractice attorneys can help you get the medical treatment you need and build up your case to maximize the settlement amount.
Even if you were partially at fault or did not suffer catastrophic injuries, you should still look into a CT medical malpractice lawyer.
In looking for the right lawyer, make sure the law firm is experienced in medical malpractice cases and does a great job communicating with you.
Good to know...

Is it wrong to sue your doctor?

What is medical malpractice?

What is medical malpractice?

From the days of Hammurabi's Code in Babylonia, civilized society has insisted on protection from careless physicians. The penalty was much harsher in those days and included acts of vengeance. Today, when a doctor's negligence hurts a patient, the injury victim receives financial compensation through a medical malpractice claim. A medical malpractice lawsuit is the legal remedy available when a healthcare professional's failure to adhere to the standards of their profession results in injury to the patient.

Simply put, if a doctor fails to do his job, medical negligence has occurred. Your medical malpractice lawyer will need a similar healthcare professional to testify that the doctor, nurse, or facility departed from the prevailing standard of care in that field. Medical malpractice cases are highly complex. This article seeks to demystify medical malpractice claims and help you decide if you want to look for medical malpractice lawyers.

If you or a loved one were seriously injured or misdiagnosed with a serious illness, you may be experiencing a lot of emotions. You trusted this doctor. You don't know how this could have happened. You may be filled with doubt, confusion, anger, or uncertainty.

It's important to remember that these feelings you're experiencing are completely normal and part of the healing process.

When we seek a doctor's services or check into a hospital, we assume those charged with our care will act skillfully and carefully. When things go wrong, it's hard to understand what went wrong and why. The thought of looking for a medical malpractice lawyer might feel wrong or uncomfortable.

Reasons people might hesitate to sue their doctor.
Many people are afraid or unsure if they should look into suing their doctor. Here are some reasons you might think of not suing, and why you might want to re-think them.
You aren't "the type of person who sues."
Most people are not "the type of person who sues." But most people are not injured or killed through medical negligence. It is easy to criticize "people who sue" when you are not a victim of medical malpractice. But this is your life. If you were wronged through no fault of your own, it is your right as an American to seek redress in her courts.
You like your doctor.
It is normal to like your doctor, especially if you've been seeing him or her for years. They may be a good doctor 99% of the time. But on this particular occasion, if they didn't do their job, malpractice has occurred. Liking someone does not mean you should forego your legal rights.
You don't want to spend the time or money going to court
Medical malpractice lawsuits indeed take time to resolve. But the closure is worth the wait if you or a loved one suffered a serious injury. Most injury victims are not after money. While money can help for things like therapy, it is really the closure that people seek. If you fail to pursue a claim, you may regret it forever and never get that closure. It does not cost you any money upfront to hire a medical malpractice attorney. In Connecticut, medical malpractice lawyers front all costs of bringing a suit and are reimbursed 33.33% of your settlement when the case is over.
Your doctor may lose his or her license
This is not true. Thousands of doctors have long and successful careers despite being sued for malpractice. While it is true that medical malpractice settlements must be reported (confidentially), it is only when there is repeated and egregious wrongdoing that a doctor risks losing their license.

How hard is it to prove medical malpractice cases?

If any law firm tells you that you have a slam-dunk case, they are lying. All medical malpractice lawsuits are complicated, time-consuming, and expensive. The standards of proof are higher than in a regular negligence case. And the defense law firm fights tooth and nail regardless of how frivolous their defense is.

For medical malpractice lawyers, Connecticut law requires they prove The provider departed from the standard of care for similar healthcare providers, and that failure caused the injury or death.
Unlike regular negligence cases, medical malpractice lawyers need to hire expert medical witnesses in the same field as the negligent physician to testify that the physician departed from the standard of care.

Connecticut medical malpractice lawyers must also show that the injury or death was preventable if the physician adhered to the standard of care. For instance, if an oncologist missed a cancer diagnosis, but the patient already had metastatic stage IV cancer and died soon after the misdiagnosis, the physician's negligence did not cause the patient's death. He would have died anyway.

Simply because a patient dies or suffers serious injuries does not mean there was medical malpractice. If a physician made a reasonable judgment call that did not work out, there is no medical malpractice. Connecticut medical malpractice lawyers must prove that no reasonable similar physician would have made the same decision.

Most medical malpractice accident lawyers charge a contingency fee, which means they get paid at the end of your case out of the settlement money. Connecticut accident lawyers typically charge a fee of 33.33% of your total recovery. If your recovery is greater than $300,000, then the attorney's fee may is usually reduced below 33.33% under Connecticut law.

Medical malpractice attorneys will tell you it's a "free consultation" or "no obligation consultation" to look into your medical malpractice case. This is technically true. Lawyers don't charge to meet with you and talk about your medical malpractice case.

But it's not necessarily the whole truth. Remember, a Connecticut medical malpractice accident attorney will take a percentage of your recovery, typically 33.33%. This is not "free." The money you receive in a medical malpractice accident settlement is your money - it represents fair compensation of what was taken away from you in terms of health, money, and enjoyment of life.

This does not mean accident lawyers are not worth it. Medical malpractice victims are usually better off hiring a lawyer than pursuing a case themselves. This is especially true when medical malpractice victims suffer life changing injuries. But the lawyer is certainly not "free."

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