Connecticut Medical Malpractice Lawyer

Connecticut Medical Malpractice Attorney

Medical malpractice is an unfortunate consequence of modern-day healthcare. In Connecticut, medical malpractice cases can be difficult to win for many reasons. Facing corporate medical lawyers and insurance companies can be intimidating, to say the least. Working with your own Connecticut medical malpractice lawyer, though, can often improve your chances of getting a claim approved.

At Miller, Rosnick, D’Amico, August & Butler, we know what it takes to prove accountability and receive monetary compensation for medical malpractice damages. With over 400 years of combined background knowledge and experience in winning compensation claims for clients, we use all of our energy to focus on our clients and get them the indemnification they deserve.

If you or a loved one has suffered due to medical malpractice, don’t hesitate to seek the justice and compensation you deserve. At Miller, Rosnick, D’Amico, August & Butler, our team leverages over 400 years of combined experience to hold negligent parties accountable and secure rightful indemnification for our clients. Contact us today to discuss your case and let us put our expertise to work for you.

Causes for a Medical Malpractice Claim

Medical malpractice claims come in many different forms. Some of the most common medical malpractice claims involve those listed below, but this list is not exhaustive, and any wrongdoing of a medical professional that causes harm to a patient is a potential medical malpractice case.

Whether you see your malpractice case listed here or not, consider discussing your experience with a Connecticut medical malpractice lawyer at Miller, Rosnick, D’Amico, August & Butler. Plaintiffs’ claims are founded in instances such as:

• Misdiagnosis or delayed diagnosis of a patient, failure to treat a patient’s condition, or failure to notify a patient of the diagnosis
• Surgical errors
• Anesthesia errors
• Emergency room errors
• Errors in delivery
• Failure to provide adequate prenatal care
• Failure to prescribe proper medication or dosage
• The performance of the wrong surgery or an unnecessary surgery
• Amputation of the wrong limb
• Failure to provide adequate follow-up treatment or failure to inform the patient of necessary follow-up care
• Failure to prevent infection following a procedure or diagnosis
• Use of a defective medical device
• Misinterpretation of test results
• Mix-up of specimens or test results
• Failure to consider patient’s and/or family’s medical history when diagnosing or treating a patient

Proving Medical Malpractice

Connecticut holds doctors to a standard that requires them to provide the care that is expected of them as they carry out treatment or respective operative skills for the betterment of their patients’ health. When a physician fails to do this properly, they are committing medical malpractice.

In order for a claim to be valid, the defendant must be a medical professional, their alleged negligence must have occurred within a patient-professional relationship of a specialized medical nature, and the negligence must relate to the exercise of medical judgment to an erroneous medical treatment or diagnosis.

Furthermore, the plaintiff, or the plaintiff’s Connecticut medical malpractice lawyer, must provide proof that the doctor or physician deviated from the standard of care and that deviation was connected with the injury in question. Finally, there must be proven expenses that were directly related to the event. Connecticut generally requires professional testimony to establish these points.

Connecticut Medical Malpractice Laws

The scope of medical malpractice laws in Connecticut is far-reaching. To have these laws work to your benefit in your medical malpractice case, speak to a Connecticut medical malpractice lawyer. These attorneys not only understand the laws thoroughly, but they also can explain them in a way their clients understand. More importantly, though, they can apply the laws to your case to optimize your claim.

Immunity for Witnesses Law

One such law is the immunity for witnesses law. This law protects witnesses who testify against defendants in medical malpractice cases from being implicated in the malpractice. This law helps plaintiffs because witnesses who can testify on behalf of their case are more likely to do so and come forward if they know they have immunity from negligence.

The Apology Law

Another example is the apology law that was passed in Connecticut in 2005. Like many states, Connecticut’s apology law was enacted to encourage communication between patients and doctors. This law deems certain types of communication between doctors and patients or patients’ family members as inadmissible as evidence for proving liability. Connecticut takes it one step further and extends coverage to anyone with a family-type connection.

For example, apologies, condolences, expressions of compassion, etc., expressed by a physician toward a patient shall not be held against the physician in a medical malpractice claim. While this law does not necessarily benefit the plaintiff, a good Connecticut medical malpractice lawyer can circumvent this law with more profound evidence.

Connecticut Medical Malpractice Statistics

Connecticut tracks medical malpractice cases through annual reports compiled by the Connecticut Insurance Department, summarizing closed claim data, rate filings, and premium information by specialty. The 2024 Medical Malpractice Report details claims from 2019 to 2023, with data collected from 151 insurers, including commercial carriers and risk retention groups. These reports provide insights into trends, claim sizes, and industry experience over the past decade, supporting transparency and oversight in the state’s healthcare system.

The Connecticut Insurance Department’s 2024 Medical Malpractice Report summarizes Connecticut’s medical malpractice liability. This report shows 2,387 closed cases involving claims during those five years.

The Likelihood of a Claim Resulting in a Payment

Not all claims guarantee a settlement. However, the chances of getting a claim approved are much higher when you have professional legal counsel to represent you in your case and advise you on how to proceed throughout the process.

Of all the claims that were finalized during the five-year survey, 1,294 were closed in favor of the plaintiff, while 1,093 were closed in favor of the defendant. In other words, a little over half of the claims that were closed concluded with a settlement payment.

In addition, only 28% of the claims that required courtroom litigation were closed with a judgment in favor of the plaintiff. Once again, this illustrates the importance of having a professional Connecticut medical malpractice lawyer to represent you should your case go to trial. Having an experienced attorney who is well-versed in Connecticut medical malpractice law advocating for you in court can mean the difference between a rejected and an accepted claim.

The Average Connecticut Medical Malpractice Settlement

In total, $1.243 billion was paid out in medical malpractice claims between 2019 and 2023. The average indemnity settlement for claims closed during that five-year period was $960,232. However, 44 cases from the first four years resulted in payments made that were each over $3 million, and another 17 claims in 2023 also ended with settlements of more than $3 million, two of these being over $10 million each.

Thus, it should be taken into account that the large payment claims awarded in 2023 significantly drove up the five-year average. A more realistic representation of payment expectation takes into consideration that almost one-third of the settlements for the five-year span were less than $100,000 each.

A little less than one-third of all paid claims, 27%, were settled for more than $1 million, while the remaining 43% received payments ranging from $100,000 to $999,999.

Connecticut Medical Malpractice Lawyer Payment

Defense counsel payments accounted for $232 million, with the average payment to the defense counsel for cases that resulted in a payment being $161,470. Even though some cases involved claims that were denied and did not result in a settlement, 684 cases still incurred legal fees to the defense counsel, which averaged $78,182 per case.

More Claims Are Filed Against Hospitals

Lastly, there were more claims filed against hospitals than against physicians/others. Hospitals are even harder to win medical malpractice cases against because they are similar to large corporations that employ extensive legal teams whose sole purpose is to thwart medical malpractice claims. This represents another instance when a Connecticut medical malpractice lawyer is imperative to the chances of getting a fair settlement or getting a settlement at all.

With a proven track record of securing multi-million dollar verdicts and settlements—including awards up to $4.5 million—Miller, Rosnick, D’Amico, August & Butler, P.C. stands out as a leader in medical malpractice law. Their team of highly qualified attorneys brings decades of combined experience, skillfully navigating complex cases to achieve the best possible outcomes for clients. If you or a loved one has been harmed by medical negligence, contact Miller, Rosnick, D’Amico, August & Butler today to schedule a consultation and put their expertise to work for you

FAQs

Q: How Long Do You Have to Sue for Medical Malpractice in Connecticut?

A: The statute of limitations in Connecticut for filing a medical malpractice claim is two years following the date the injury occurred or was discovered or should have been discovered. There’s also a statute that requires a claim to be initiated within three years of the date of the action or omission.

Q: What Are the Odds of Winning a Medical Malpractice Lawsuit in Connecticut?

A: Based on data provided in the Connecticut Insurance Department’s 2024 Medical Malpractice Report, the odds of winning a medical malpractice claim in Connecticut are around 1.176:1, or a 54% chance of winning a case. These odds are immeasurably better when the plaintiff is represented by a Connecticut medical malpractice lawyer who has a proven success record of winning these types of cases.

Q: What Are the Four Things That Must Be Proven to Win a Medical Malpractice Suit?

A: The four things that must be proven to win a medical malpractice case are proving the existence of a professional duty of care from the physician or medical practitioner, proving that a duty was breached, proving the breach resulted in the injury described in the claim, and proving that the injury resulted in damages.

Q: How Hard Is It to Prove Medical Malpractice?

A: Medical malpractice is actually extremely hard to prove, which is why it is difficult to win a medical malpractice case without an adept medical malpractice attorney. These cases involve both science and law and require a deep understanding of both and a good ability to communicate and negotiate with insurance providers on their client’s behalf.

Consult an Experienced Connecticut Medical Malpractice Lawyer

Miller, Rosnick, D’Amico, August & Butler is a top-notch law firm that brings a level of professionalism, confidence, competence, and experience into the courtroom. If you have been considering speaking with an attorney regarding a potential medical malpractice claim, you have nothing to lose by talking with a Connecticut medical malpractice lawyer who is well-versed in Connecticut statutes and experienced in the courts.

Call Miller, Rosnick, D’Amico, August & Butler to schedule a free consultation. We take no legal fees until you settle or there is a trial verdict in your case. Don’t sacrifice any more than you already have because of your injuries — get the compensation you deserve by hiring a reputable and responsible Connecticut malpractice lawyer.