Connecticut Doctor's Injury Lawyers Serving Victims in Stamford, Danbury, Bridgeport, Shelton and all of CT
When you or a loved one need medical help, you reach out to someone you trust. You assume that person will do all they can to help you but, you also understand not all medical treatment goes as planned. A bad outcome sometimes does not just happen by chance, it happens because of the negligence of a healthcare provider.
If you have been injured, or a family member has been injured or killed because of medical malpractice, the Connecticut Doctor's injury lawyers at the Berkowitz and Hanna LLC can help you get through this difficult time. We will aggressively fight to protect your legal rights and for fair compensation for the injuries that have been suffered.
The use of anesthesia during surgery is a commonplace practice and is responsible for many modern medical advancements. However, improper administration of the drug or inadequate monitoring of the patient under its effects can result in serious injury or death. Any errors in the anesthesia process could be grounds for a malpractice lawsuit.
Birth injuries or Birth Trauma are particularly troubling because they happen at the start of a person's life, causing years of trouble and pain that can never be undone. While most babies' births happen without incident, occasionally doctors make mistakes and things go wrong. In the United States, 27 out of every 1,000 births involve a form of injury.
In certain medical cases, it's necessary for doctors to perform blood transfusions for a patient's survival, particularly when patients are victims of severe trauma, receiving heart surgery or being treated for cancer. Discrepancies in the blood transfusion process can result in serious injury or death.
Brain damage occurs when the blood or oxygen supply to the brain gets cut off, killing brain cells that, unlike other cells in the body, do not regenerate. A few common brain injuries can result from negligence on the part of the medical team, such as anoxia and hypoxia, in which the brain suffers from a lack of oxygen.
Given the importance of diagnosing cancer in its early stages, a misdiagnosis on the part of a doctor can prove expensive, harmful, or even fatal. A cancer misdiagnosis can occur when a physician makes no diagnosis or, after being presented with a patient showing symptoms of a form of cancer, diagnoses an incorrect disease.
The severity of heart disease in the United States makes cardiology errors on the part of a physician particularly harmful for a patient and his or her family. When cardiologists fail to properly treat patients for heart problems, such as a failure to diagnose, misdiagnosis or mistreatment, a plaintiff must provide substantial evidence that malpractice has occurred.
Cerebral palsy damages the brain and affects a person's ability to coordinate his or her body movements. Caused by abnormality or disruption in the brain, it usually develops before a child is born or during childbirth. The severity of the brain damage will determine the harm to the patient.
With the rapid pace of modern life, we often don't have the time or ability to care for our elderly loved ones, causing many of us to entrust their care to assisted living facilities and nursing homes. There are a variety of signs when looking for elder abuse, such as unexplained nervousness and fear or reluctance to talk.
While medical malpractice and negligence affects those with physical injuries or ailments, it can also affect those with psychiatric injuries or ailments. Psychiatrists, psychotherapists and other mental health professionals are just as liable as other healthcare professionals for any sort of negligence.
Technology is only as effective as those who use it. In the medical world, radiology is no different. Radiology malpractice is constituted by any preventable mistake during radiology procedures, such as failure to diagnose a condition or disease, misdiagnosis of a disease, or failure to use the appropriate method of diagnosis.
The concept of robotic surgery may create the image of a mistake-free surgical procedure, due to the lack of possibility of human error. In reality, robotic surgery can prove to be just as risky and harmful to patients as any other surgery. Robotic surgery systems are marketed as a safer and less expensive method of performing surgery.
Even after trying various diets, exercise regimens and weight loss medication, sometimes the best or only way for a patient to significantly lose weight is surgery. Like all surgical procedures, weight loss surgery is risky and can have unforeseen and unwanted consequences when surgeons make preventable mistakes.
Untimely death is always difficult for those who live on, but knowing that the death was preventable and caused by negligence or recklessness makes the situation that much more saddening. If somebody causes the wrongful death of a family member, your family may be entitled to compensation for the loss.
X-ray technology, along with other radiologic technology, is one of the most effective tools that the medical profession has ever seen for observing the human body and diagnosing diseases. Unfortunately, if x-ray technology is not used properly by healthcare professionals, serious conditions and diseases can be overlooked and take away the vital treatment time needed for healing.
Vaccines serve an important role in modern society. Each year, they prevent millions of illnesses in the United States alone. However, while vaccines offer clear benefits, getting vaccinated carries certain risks as well. All types of vaccines have been linked to injuries and illnesses, and these injuries and illnesses can have devastating effects for vaccine recipients and their families.
$9,000,000 Settlement in an infant Medical Malpractice case
$6,100,000 Settlement in a Personal Injury case
$4,750,000 Settlement in a child Medical Malpractice case
$4,850,000 Settlement in a child Medical Malpractice case
What Constitutes Medical Malpractice?
Medical injury occurs when a doctor, nurse, or other healthcare provider's negligence or recklessness leads to an injury, death, or worsening of the treated condition. This type of malpractice and negligence can occur in a variety of scenarios, including wrong site surgery, misdiagnosing a condition, failing to fully inform a patient of the possible dangers of a treatment, and misreading x-rays or other medical test results. It is one of the leading causes of serious injuries and deaths in the United States.
Medical injury boils down to a deviation from the generally accepted standard of medical care, with injuries or damages occurring as a result. To prove that deviation in court, two things must be shown. First, you must prove that a standard of care, which is the customary and proper methods of diagnosis and treatment generally recognized and accepted by that particular branch of the profession in that particular geographic area, was established. Second, it must be proven that there was a departure from that standard of care under circumstances which justify the conclusion that the required degree of care was not met.
While standard of care does provide guidelines, it also generally allows flexibility in treatment of the patient. There may be several different approaches to help a patient, and it is not malpractice if the treating medical professional chooses from generally accepted courses of action and uses reasonable exercise in that judgment. The professional has a duty to exercise the degree of care, knowledge, and skill ordinarily possessed and exercised in similar situations by the average member of the professional in his field. Therefore, if the treating professional's actions and decisions fall into this range, even if a mistake occurs and harm is done, there is no malpractice.
Burden of Proof Is on the Plaintiff
The plaintiff has the burden of showing, to a reasonable degree of medical probability, that the treating professional's negligence was the proximate cause of the injury. Proximate cause involves establishing the primary cause of an injury, not necessarily the closest cause in time or space, nor the first event that set in motion a sequence of events leading to an injury. There also needs to be a reasonable degree of medical probability, which represents the general consensus of recognized medical thought and opinion concerning the probabilities of conditions in the future based on present conditions.
For instance, if the malpractice claim is an infection caused by a negligently performed operation,
- The plaintiff would have to show, to a reasonable degree of medical probability, that something about the negligent act(s) involving the operation caused the subsequent injury.
- The defendant might claim that the acts were not negligent and/or that the injury had some other cause independent of the operation.
- The plaintiff would also have to show that there were damages caused by the malpractice: economic loss, medical bills, emotional distress, pain, suffering, loss of enjoyment of life, disability, and impairment.
These kind of cases can be highly technical, with both medical and legal issues involved. Proper use of effective expert witnesses can be key to having a successful case. Given how complex these cases are, you need experienced, effective medical malpractice attorneys to defend your legal rights and protect your interests. Choosing an attorney with little or no medical injury experience or trying to settle your case on your own may seem appealing, but could end up costing you in the end.
Contact Berkowitz and Hanna LLC to Discuss Your Malpractice Case
Our knowledgeable Connecticut Doctor's injury lawyers understand that medical mistakes can be devastating, leading to a lifetime of disability, ongoing medical treatments, and hardship. Our experienced lawyers will be tireless advocates for you and your family and will aggressively fight to ensure all responsible parties are held accountable and that you receive appropriate compensation for your injuries.
Contact an attorney at our offices in Stamford, Bridgeport, or Danbury, so that we can discuss what happened, the applicable laws, and your best legal options moving forward. Statutes of limitations apply, so call us today at (866) 479-7909 or request a free consultation on our contact us page.