Bridgeport Medical Malpractice Lawyer

Medical Malpractice Attorney in Bridgeport, CT

There is no excuse for avoidable medical errors, and when a medical error causes more harm than was originally present, the erring physician or hospital should take responsibility for their negligence. When their insurance company tries to fight it, and it will, you want a competent Bridgeport medical malpractice lawyer in your corner advocating for you.

Miller, Rosnick, D’Amico, August & Butler attorneys are skilled in navigating, negotiating, and litigating medical malpractice cases in Bridgeport. Our confidence when facing the legal teams of hospitals and physician groups is unmatched. We respect our clients and persevere in protecting their right to compensation for medical errors made to them.

Who Can Commit Medical Malpractice?

Connecticut law explains that medical malpractice occurs when medical professionals, such as a physician, physician’s assistant, registered nurse, or surgeon, fail to maintain their duty to properly care for a patient, and that patient ultimately suffers due to the physician’s failure or error, and the patient incurs damages as a result. The law further defines a medical professional as a person certified or licensed to offer health services to patients. These professionals include:

• Dentists
• Nurses
• Chiropractors
• Clinical psychologists
• Physical therapists
• Pharmacists
• Occupational therapists
• Podiatrists
• Psychiatric social workers
• Speech therapists
• Clinical dietitians
• Optometrists
• Podiatrists

While the definition of medical professional covers a large spectrum, the medical professions that have the highest risk for litigation work in the following areas:

• Emergency rooms
• Obstetrics/gynecology
• General surgery
• Neurosurgery
• Orthopedic surgery
• Radiology

Damages That Can Be Compensated in Medical Malpractice Cases

Connecticut medical malpractice laws describe compensable damages in a medical malpractice claim as non-economic and economic damages. Expenses, including the cost of medical care, rehabilitation, or custodial care, as well as a loss of earnings and/or the capacity to earn, are economic damages as long as these expenses or losses are the result of a medical error made by a medical professional.

Non-economic damages are defined as physical pain and emotional suffering.

Medical Malpractice Laws That Are Unique to Connecticut

Connecticut has some unique medical malpractice statutes compared to other states. For instance, the Good Samaritan Law grants immunity from liability in any medical malpractice to anyone who administers first aid, CPR, or assists with an automatic external defibrillator. This includes paid or volunteer law enforcement officers, firefighters, or school personnel, among others, who are providing emergency medical assistance or administering medication by injection.

Requirement Necessary for a Reasonable Inquiry

Connecticut requires all plaintiffs in a medical malpractice case to make a reasonable inquiry by researching the law as it applies to the facts of their claim and comparing it with medical records and past cases. In addition, expert opinion is required to validate the basis for a medical malpractice claim in the state. This is also referred to as a certificate of good faith. Professional testimony is mandatory to verify the validity of any medical malpractice claim in Connecticut.

A Bridgeport medical malpractice lawyer can be very helpful to potential plaintiffs struggling with this step.

There Is No Cap on Non-economic Damages in Connecticut

Connecticut law does not technically put a cap on non-economic damages for medical malpractice settlement payments. Thus, a jury may award any amount they see fit to a medical malpractice victim to compensate them for their non-economic damages. The law does explain, though, that compensation must be a fair and reasonable sum, and the jurors must use good judgment when determining these award amounts.

CT Medical Malpractice Modified Comparative Negligence

Connecticut medical malpractice laws also allow for modified comparative negligence. This means that both the defendant and the plaintiff have potential liability for the damages involved in a claim. Some ways in which the plaintiff or patient can be held liable are:

• The patient failed to follow the physician’s advice for follow-up care.
• The patient neglected to continue with follow-up treatment or appointments.
• The patient engaged in activities that were not recommended to improve the condition.
• The patient did not continue taking the prescribed medication.
• The patient did not seek timely treatment for their condition, which worsened the condition.
• The patient provided false or misleading medical history information or misled the physician regarding their symptoms.
• The patient had a substance abuse disorder and/or neglected self-care.
• The patient provided misinformation to the physician, which led to misdiagnosis or insufficient treatment.

Why You Need a Bridgeport Medical Malpractice Lawyer

There’s a fine line between appropriate and inappropriate medical care. In many medical situations, the protocol for treatments and procedures is unclear, and physicians are often overly cautious in providing care. Liability motivations have come to have a significant influence on many decisions medical professionals make when caring for patients.

In a study that sought to reveal how the threat of malpractice affects the care that physicians provide patients, they found that 55% of the surveyed physicians expressed that they cared for every patient from the perspective of a potential malpractice claim against them.

Medical Professionals Fear Threat of Liability

Furthermore, over half of the surveyed medical professionals feared the threat of liability, and as a result, they often overtested patients and ordered tests that weren’t necessary to sidestep misdiagnosis. They even avoid performing certain procedures or interventions due to fear of malpractice liability, even if the patient requires them. The research found that doctors often limit treatment for defensive reasons rather than for the welfare of the patient.

Though defensive medicine, as it is called, limits medical malpractice in general, it is not always the ideal course of action for every patient. Not only does defensive medicine often drive up the cost of medical care for the patient, but it can also harm a patient, with the result being the very thing it aimed to prevent — medical malpractice.

This is one example of a legal strategy Bridgeport medical malpractice lawyers use to sway the approval of a claim in favor of the plaintiff when a medical malpractice claim goes to trial.

According to the same study that exposes defensive medicine, over-testing, and administering unwarranted procedures just to avoid a potential malpractice case can actually harm the patient. This can happen if a medical error occurs due to complications caused by unnecessary procedures or tests.

The ability to identify such malpractice, prove it, and convince the court is a skill that only the most dedicated and experienced Bridgeport medical malpractice lawyers can pull off. The goal is for the claim not to get denied, which is often difficult to execute without a skilled and knowledgeable attorney to advocate on your behalf, especially if a patient suffered physically or emotionally from the malpractice.

The skilled medical malpractice lawyers at Miller, Rosnick, D’Amico, August & Butler, P.C. have a proven track record of securing substantial verdicts and settlements for their clients. Their experience includes multi-million-dollar awards, such as a $4.5 million workers’ compensation settlement and several cases exceeding $2 million, demonstrating their ability to handle complex and high-stakes claims. This depth of expertise ensures they can effectively advocate for victims of medical negligence in Bridgeport and beyond. If you or a loved one has suffered due to medical malpractice, contact Miller, Rosnick, D’Amico, August & Butler, P.C. today to schedule a consultation and protect your rights.

FAQs

Q: What Happens if You Lose a Medical Malpractice Case?

A: If you lose a medical malpractice case, and you are the plaintiff, you can be held responsible for your legal fees, as well as the defendant’s legal fees, and the defendant could potentially countersue you to recover their costs. If you are the defendant, you could face repercussions professionally, such as revocation or suspension of your license to practice medicine.

Q: How Long Do Malpractice Suits Take to Finish?

A: In Connecticut, there have been some malpractice cases that have taken up to 10 years or longer to be completed, but these are few and far between. Most cases take between three and five years, but can be as quick as fewer than six months. It depends on the case details and circumstances, as well as other factors that are out of the control of the claimant, the lawyers, or the courts.

Q: What Percentage of Malpractice Suits Are Successful?

A: One study conducted by the Connecticut Department of Insurance found that about 28% of medical malpractice cases that went to trial and culminated with litigation in the court over a five-year period were successful in obtaining a settlement for the plaintiff. The same study estimates that of the cases included in the dataset for that particular research, 54% of the cases were successful.

Q: What Is the Hardest Element to Prove in a Medical Malpractice Case?

A: Of the four elements of an affirmative medical malpractice case, which are duty of care, breach of duty, causation, and damages, the hardest to prove in a case of medical malpractice is causation. It is difficult to prove causation because of ambiguities: Would the injury have occurred without the breach of duty? Was the injury due to underlying problems? Was there another contributing factor that caused the injury?

Appoint a Bridgeport Medical Malpractice Lawyer for Your Case

You need an experienced Bridgeport medical malpractice lawyer who can protect your rights and advocate for the compensation you deserve. The damages you suffered under the negligence of a medical professional are bad enough. Winning a claim to get your medical bills paid, recovering your lost earnings, and atoning for your pain and suffering are much more likely with a lawyer.

Don’t waste another day wondering if you have a valid claim — contact Miller, Rosnick, D’Amico, August & Butler and set up a free consultation regarding your Bridgeport medical malpractice case.