Medical malpractice lawsuits are not limited to claims against doctors and hospitals. Nurses have serious responsibilities when caring for patients, and, unfortunately, they sometimes make serious mistakes.
A nurse’s negligence on the job can cause unnecessary harm to a patient, potentially worsen their condition, and even create new health issues. If you believe you were injured due to a nurse’s negligent actions, you should speak with a malpractice attorney as soon as possible. The Danbury nursing malpractice lawyers at Berkowitz Hanna have the knowledge and experience to handle your case with the utmost care.
All medical professionals, including nurses, are required to uphold a certain standard of care when caring for a patient. State law outlines the scope and limits on what services a nurse can provide.
In general, Connecticut General Statute § 20-87a provides that registered nurses can diagnose actual or potential health problems, provide supportive or restorative care, health counseling, teaching and referrals. Nurses can also assist in the implementation and execution of a total health care regimen at the direction of license’s doctor.
To prove negligence in a Danbury nursing malpractice case, the lawyer must show that the defendant had a duty of care. For medical professionals like nurses, Conn. Gen. Stat. § 52-184c states that the plaintiff must prove that the alleged negligent actions were a breach of the prevailing professional standard of care for that particular health care provider. The court will ask if the defendant’s actions were consistent with the generally accepted behavior of a nurse.
A variety of negligent actions can lead to a Danbury nursing malpractice claim. Some common examples of negligence are medication errors, failing to monitor or respond to a patient, errors in administering routine medical procedures, miscommunicating medical information to a patient, or improperly documenting patient information.
Any injured plaintiff seeking to file a medical malpractice lawsuit within the state must include a certificate of reasonable inquiry with their complaint. The document provides a procedural hurdle to medical malpractice suits to limit frivolous claims.
The document is meant to certify that the party filing the action has a good faith belief that a valid legal action exists against the defendant. According to Conn. Gen. Stat. § 52-190a, failing to file the certificate is ground to dismiss the lawsuit.
Specifically, the certificate must include a signed opinion from a licensed healthcare provider stating that there is likely evidence of medical negligence. The certificate should also include information about the healthcare professional’s basis for forming this opinion.
The opinion is not subject to discovery, except to question whether it was made in good faith. The law states that the court can also consider outside factors to determine if the opinion was made in good faith.
The state lays out the requirements to qualify as an expert witness in Conn. Gen. Stat. § 52-184c. In general, any healthcare provider can testify as an expert if they provide similar medical services or, to the court’s satisfaction, possess adequate training, experience, and knowledge in the related field. A Danbury nursing malpractice attorney can get in contact with an expert witness right away after starting a case.
A victim of Danbury nursing malpractice does not lose their claim in the event that the negligence leads to death. If a patient dies due to nursing malpractice, their surviving family can pursue a wrongful death lawsuit pursuant to Conn. Gen. Stat. § 52-555.
The law allows the deceased patient’s surviving family to pursue both economic and noneconomic damages for costs such as medical expenses, funeral expenses, lost wages, lost future earning capacity, and loss of consortium with a partner.
However, the law requires that the wrongful death claim be brought by the executor or administrator of the deceased patient’s estate. A lawyer can explain what this means and who might be able to file.
If you believe you were injured due to nursing malpractice, do not wait to take legal action. The state has other procedural laws that could impact your claim, such as filing the lawsuit within the applicable statute of limitations. Consulting with a Danbury nursing malpractice lawyer as soon as possible is the best way to ensure you do not lose your claim.
Call our office today to schedule your free initial consultation.
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