Connecticut Hospital Malpractice Lawyers Helping Victims Affected by Medical Errors
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 and 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 we promise to aggressively represent our clients to protect their legal rights and interests.
Types of Hospital Malpractice
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 applicable standard of care
- The deviation from that standard of care which caused the breach of the duty of care
- Causation of the injury
- The nature and extent of the plaintiff’s injury
What Is “Standard of Care?”
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.
Examples of Hospital Malpractice
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:
- Misdiagnosis of a condition or injury
- Failure to obtain informed consent from the patient for a course of treatment
- Failure to properly treat a patient
- Using a defective medical device or implant
- Failure to provide timely treatment in an emergency situation
- Failure to order the proper diagnostic tests or misreading test results
- Prescribing the wrong type or wrong dose of a medication
- Making mistakes during surgery
- Accidentally switching patient charts
- Improper use of anesthesia
- Patient neglect
- Hospital-borne infections
- Failing to properly use medical equipment
Hospital Malpractice Lawsuits
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.
Contact Our Dedicated Attorneys to Discuss Your Hospital Malpractice Case
It is important to have an experienced 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.
If you believe you or a loved one has been harmed by hospital negligence, contact a knowledgeable Connecticut hospital malpractice lawyer for qualified legal representation today. Call us at (866) 479-7909 or send us a free consultation request.
- Bridgeport Hospital Malpractice
- Danbury Hospital Malpractice
- Greenwich Hospital Association Malpractice
- Griffin Hospital Malpractice
- John Dempsey Hospital Malpractice
- Milford Hospital, Inc. Malpractice
- New Milford Hospital Malpractice
- Norwalk Hospital Malpractice
- St. Francis Hospital And Medical Center Malpractice
- St. Mary’s Hospital Malpractice
- Hospital Of St. Raphael Malpractice
- St. Vincent’s Medical Center Malpractice
- Stamford Hospital Malpractice
- Waterbury Hospital Malpractice
- Yale New Haven Hospital