Fairfield Medical Malpractice Lawyer

Fairfield Medical Malpractice Attorney

A Fairfield medical malpractice lawyer plays a key role in a medical malpractice case. Connecticut has unique but complicated laws that dictate the way claims must be filed, when they can be filed, whom they can be filed against, and other components. Hiring a lawyer now can save you the headache of trying to figure out all the laws and guidelines.

Miller, Rosnick, D’Amico, August & Butler is an aggressive law firm that fights hard for our clients. We win millions of dollars for our clients every year and can potentially get you a settlement as well. It depends on your case and other circumstantial factors. You can get a free consultation regarding your Bridgeport medical malpractice case to learn more about our attorneys and our firm. Schedule your consultation today!

Defining Medical Malpractice

When a physician receives a license to practice medicine, they take an oath to honor their duty to care for their patients. A good attorney knows how to put together a case that proves all four components of a legitimate medical malpractice claim. These components are:

1. Medical professionals have a duty to provide appropriate and adequate care to patients.
2. When medical professionals fail in that duty and exhibit negligence in the administration of healthcare services, patients suffer.
3. Causation is when a patient suffers an injury that would have otherwise not occurred if it were not for the physician’s negligence.
4. When the patient incurs significant damages and expenses due to this injury, it is a valid medical malpractice claim.

Medical Malpractice Statistics

Research shows that anywhere from 210,000 to 400,000 people die each year from preventable medical errors. Many of these go unrealized, but many are grounds for wrongful death claims. When the patient survives a medical error, they have the right to file a claim for medical malpractice against the medical professional who is liable for their injury or inadequate care.

Preventable deaths are a leading cause of death after heart disease and cancer each year. Additionally, research conducted on pediatric deaths detected that almost half of all harmful events that happen to pediatric patients under the care of a medical professional were likely preventable.

Connecticut Medical Malpractice Laws

Fairfield medical malpractice is subject to Connecticut’s medical malpractice laws, which were modified in the last 20 years to be more practical and fairer to all parties, both patient and physician. The main laws that govern medical malpractice claims are:

• Statute of limitations and statute of repose. The statute of limitations for medical malpractice claims to be filed in Connecticut is two years from the date the malpractice occurred or was realized. The statute of repose states that, regardless of when someone discovered the malpractice, you cannot file after three years.
• Extension for reasonable inquiry. Connecticut does allow a 90-day extension for claims that are almost ready to submit.
• No caps on damages. Connecticut does not limit the amount of non-economic damages a victim of medical malpractice can claim. However, the law does require the amount to be within reason as determined by the court.
• Modified comparative negligence. This law allows the plaintiff to recover damages on their medical malpractice claim as long as they are less than 51% liable for their injury or condition that was a result of the malpractice. If a patient is found to be more than 51% liable, they are excluded from compensation for damages.
• Before a medical malpractice claim can be submitted, a credible professional witness must submit a certificate of good faith. The plaintiff or their attorney must show that they conducted a reasonable inquiry and believe that malpractice occurred, and they must submit a letter from a healthcare provider with experience similar to the defendant’s. The letter must indicate that the physician believes medical negligence potentially occurred.

Fairfield, Connecticut residents who experience medical malpractice can file claims in the Connecticut Superior Court, which handles civil cases involving medical negligence, surgical errors, or misdiagnosis. Venue for these cases is typically determined by where the injury occurred or where the parties reside, with Fairfield falling under the Fairfield Judicial District. Plaintiffs must prove that a healthcare provider breached the standard of care, resulting in harm.

Physician Insurance

Not only do patients need medical insurance to receive affordable health care, but physicians in Connecticut are also required to maintain patient liability insurance. Licensed healthcare providers must carry $500,000 per occurrence in insurance and $1.5 million in aggregate insurance.

Navigating a medical malpractice claim in Fairfield, Connecticut, requires both a deep understanding of state laws and a proven track record of success. The attorneys at Miller, Rosnick, D’Amico, August & Butler, P.C. bring decades of experience handling complex medical malpractice cases, consistently achieving significant verdicts and settlements for their clients. Their results include multi-million-dollar recoveries for victims of medical negligence, demonstrating both their legal acumen and their commitment to justice. If you or a loved one has suffered due to preventable medical errors, you can trust the competence and dedication of Miller, Rosnick, D’Amico, August & Butler, P.C. to fight for the compensation you deserve. Contact their office today to discuss your case and take the first step toward holding negligent parties accountable

FAQs

Q: What Is the Burden of Proof for Medical Malpractice?

A: The burden of proof for medical malpractice involves establishing four elements, including a duty of care owed to the patient by the healthcare provider, a breach of that duty represented by the healthcare provider’s lack of efficient healthcare for the patient, causation showing the injury occurred as a direct result of the breach of duty and negligence. Finally, there must be proof that damages were suffered.

Q: Do Most Medical Malpractice Cases Settle Before Trial?

A: According to a study that collected information for five years on Connecticut medical malpractice cases, 78% of claims that were ruled in favor of the plaintiff were settled before a trial was necessary. Alternatively, 85% of claims that were ultimately decided on behalf of the defendant were settled prior to the need for litigation.

Q: How Easy Is It to Win a Malpractice Lawsuit?

A: It is difficult to win a medical malpractice suit. The majority of medical malpractice cases are settled before trial. Reports indicate that doctors win approximately 80% to 90% of jury trials because of weak evidence against them. They also win about 70% of the claims that are considered borderline and 50% of the cases that have strong evidence against them.

Q: What Are the Consequences of Malpractice Suits?

A: The consequences of a medical malpractice suit can be far-reaching and long-lasting. If the claimant wins, the consequences might be minimal, but for the physician, the consequences can resonate as their professional reputation might be affected, and their career might suffer even more if their license is suspended or revoked.

Physician insurance premiums also rise when medical malpractice claims pile up against them. If a claimant loses, they are responsible for the legal fees they incurred during their case, which can cause further financial strain to the patient.

Find Out What a Fairfield Medical Malpractice Lawyer Can Do

If you think you have a compelling medical malpractice claim, or maybe you just aren’t sure, everything is better with a lawyer. Contact Miller, Rosnick, D’Amico, August & Butler to set up a free consultation to discuss your Fairfield medical malpractice case with a knowledgeable and experienced Fairfield medical malpractice lawyer.