When you go to the hospital, it is typically because you have some physical or psychological issue that needs to be addressed. You trust the hospital and its staff to give you the right information, perform their jobs, and keep you safe so you can recover. However, things do not always go according to plan, and although not all medical mistakes are due to malpractice, hospital employees do commit malpractice, causing harm to their patients.
Berkowitz Hanna LLC helps victims of hospital malpractice obtain the fair compensation they deserve so that they can put their lives back together and move on. Medical malpractice cases can be high-stakes, and our Connecticut hospital malpractice lawyers promise to aggressively represent our clients to protect their legal rights and interests.
A hospital medical malpractice case can involve one or a number of legal issues, including negligence, failure to get informed consent from the patient, product liability (if a defective medical device is involved), and breach of duty.
Most cases involve claims of negligence. In these cases, the plaintiff has the burden to prove various factors. First, they must show that the hospital owed the plaintiff a duty of care (that is, that the plaintiff was a patient), and that the hospital breached that duty of care. Further, they must prove that the plaintiff suffered an injury that could result in compensation, and that the injury was caused by the hospital’s negligent conduct.
Expert testimony is critical in hospital malpractice cases as the medical issues involved are typically complicated, meaning that an unbiased expert witness is an invaluable asset. An expert witness will be needed to establish the following:
The “standard of care” is the scope and nature of the duty owed by the doctor or hospital to the patient. A physician has “a duty to use that degree of care and skill which is expected of a reasonably competent practitioner in the same class to which he belongs, acting in the same or similar circumstances.” How that standard is judged on an individual level depends on a few factors, including the geographical location of the defendant, the medical school of thought to which the defendant belongs, and the specialty (if any) the defendant practices.
Malpractice can occur in many ways, and can be caused by any number of people, such as paramedics, nurses, radiologists, pathologists, and surgeons. The following are some examples of hospital malpractice:
If a hospital patient suffered an injury due to malpractice in a hospital, there may be several defendants. The doctors involved may not be employees of the hospital, meaning that they would need to be named as separate defendants. If a defective device or implant is involved, the parties that sold and manufactured those items could also be subject to a lawsuit.
Hospital negligence cases can be complicated and difficult to prove. There may be many more defendants than you realize, and the applicable laws are often very complex. Because there are so many potential issues involved, it is not wise to discuss settlement of your malpractice case with a hospital, its insurance company, or their attorneys without at least consulting with an experienced hospital malpractice attorney first. If you settle it on your own, you may do so for a fraction of what you deserve.
Note that statutes of limitations apply to hospital malpractice cases. If you wait too long to file legal claims, your lawsuit will probably be dismissed.
$9,000,000.00 medical malpractice recovery against an obstetrician and a hospital whose failure to timely deliver the infant plaintiff, despite signs of fetal distress, left her severely brain damaged.
$6,100,000.00 settlement against a hospital and two physicians on behalf of a client who sustained permanent paralysis following the administration of anesthesia and prior to undergoing an anterior cervical discectomy.
It is important to have an experienced Connecticut hospital malpractice lawyer on your side from the very beginning to ensure the best outcome of your case. Our skilled lawyers will aggressively defend your rights, seeking fair compensation for the injuries you receive. We will also handle the insurance companies involved, and refer you to the right healthcare providers so that you can focus on recovery and getting your life back. Call our office today.
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