In Connecticut, proving a case of medical malpractice requires that the plaintiff prove that the doctor or medical professional deviated from accepted medical standards of care and that the deviation caused harm. The standard for proving such a claim is high. Not all bad medical outcomes constitute medical malpractice and sometimes even if a physician’s treatment deviates from good and accepted practices, that deviation may not result in a negative outcome or lawsuit.
An attorney will not rush to file a medical malpractice claim. Instead, they will review their client’s case to avoid any errors as well as correctly identify the claim. Most attorneys have developed a process over the years that helps them better assess potential cases. If they choose to pursue such claim, they will ensure they are prepared enough to prosecute a strong case. Part of doing that is understanding what happened from the victim’s point of view and how the medical error impacted their life.
To prove a physician’s deviation resulted in the direct harm of a patient, an attorney will need to collect all relevant medical records. Because some providers will outright refuse to release their medical records, this process could take several weeks to complete. Once retrieved, the attorney will consult with nurses and medical physicians to review the claim and compare medical records. They will look at the steps taken in the care process, any procedures or diagnostic tests ordered and their respective outcomes.
Medical records are revealing in these types of cases and can often be all that is required to determine if medical malpractice did in fact occur. Even if a nurse or physician falsifies the medical records in an attempt to cover up their harm, these falsified records are often easily spotted with a careful assessment of the records.
To prove a physician deviated from accepted medical practices, an attorney must consult other medical professionals in a similar field to determine how they would have acted differently. This process is more than handing records to another physician for review. Instead it requires a threefold process:
Even after a medical professional has stated there was a deviation, this variation must be presented to the courts. This often entails:
Contact Berkowitz and Hanna LLC today to schedule a no obligation case evaluation. Contact us online to get started.