Experienced Legal Representation for Mistreated Patients in Waterbury, CT
When a visit to your hospital, doctor, or healthcare provider results in an injury or a condition that got worse, our law firm might be able to file an effective lawsuit against those people and/or the organizations that employ them.
The area of law governing mistakes in the healthcare industry is called medical malpractice, and it is much more complicated than most people realize. At its essence, though, medical malpractice law is about getting victims of carelessness the financial relief that they need and deserve.
As hard as it might be to believe, doctors make mistakes all of the time. These are usually innocent mistakes, mind you, but they nevertheless cause profound suffering in patients’ lives. In the worst cases, they lead to incurable illness, catastrophic injury, or even death.
When healthcare practitioners accept a patient into their care, they also accept a legal duty, requiring them to exercise caution and due care. When they fail to do so, even if it’s by accident, the law assigns liability to the professionals and experts, not to the patients.
After all, someone has to pay for the costs of malpractice. It shouldn’t be the patient or the party that suffers a loss.
An experienced Waterbury medical malpractice attorney at Berkowitz Hanna can help you take a stand against careless hospitals, physician groups, and the insurance companies that so often treat patients unfairly. We are here to pursue your best interests – to even the playing field between you and the powerful parties on the other side.
You have rights. Let us fight for them. You could be entitled to much more than you realize. Before you talk with an insurance representative, call our office and ask a Waterbury medical malpractice attorney about your options. Your initial consultation is completely free, and there’s no obligation whatsoever.
Contact Berkowitz Hanna today.
The Types of Cases We Handle
No two medical malpractice cases are quite alike. Fortunately, the talented legal team in our office has decades of experience in aggressive and successful med-mal litigation. We know how to fight back against hospitals and insurance companies. Our eyes are always on getting clients what they deserve – and that means maximum compensation.
An experienced Waterbury medical malpractice attorney at Berkowitz Hanna can help with any medical negligence claim, including:
- Failure to diagnose strokes or cardiac events (e.g., heart attacks)
- Failure to diagnose cancers or other serious diseases
- Misreading x-rays, lab work, test results, etc.
- Medication / prescription errors
- Surgical negligence (operating in the wrong area, on the wrong person, making errant incisions, leaving objects inside the body, etc.)
- Birth injuries
- Anesthesia errors
- Nursing home neglect
- Physical abuse / sexual assault
- Failure to adequately monitor a patient’s condition
- Failure to provide adequate treatment / follow-up care
- Wrongful death
- Much more
Our legal team offers years of experience in virtually every aspect of medical malpractice litigation. We routinely represent clients with respect to “common” types of medical malpractice claims; yet, we also handle many unique and rare cases. Here are some things to consider regarding some of the more prevalent instances of medical malpractice:
There is no question that all physicians and medical support staff have significant responsibilities when it comes to their patients. Preparation is essential and everyone must be on their A-game and completely focused on the task at hand.
With respect to surgery, this means that the surgeons, anesthesiologists, nurses, and other members of the medical team must adhere to the appropriate standard of medical care as determined by the medical community as a whole. In other words, medical professionals have established over time and through experience that certain medical and surgical care must be practiced by all medical professionals performing that type of surgery. If the surgeon fails to meet the reasonable and appropriate standard of medical care, and injury to the patient results, that surgeon may be liable for medical malpractice.
Some diseases and conditions are extremely difficult, if not almost impossible to diagnose – regardless of the specialized experience, education, and training of treating physicians. Moreover, the expectation of physicians is not to act as psychics or all-knowing, perfect individuals. Rather, physicians must administer medical treatment that adheres to the appropriate standard of medical care. (Is this phrase starting to sound familiar?)
If the physician does not do what is medically expected, and his or her failure to diagnosis or a misdiagnosis results in injury to a patient, a medical malpractice lawsuit may be possible. The injury in these types of cases include the worsening or development of certain diseases and conditions.
A patient may be able to bring a successful medical malpractice claim against a physician if said physician commits a medication or prescription error that results in preventable injury to the patient. Examples of medication/prescription errors include the prescription and administration of incompatible or inappropriate drugs to patients (e.g., by failing to review possible interactions, allergies, etc.) And, as is the golden rule of all medical malpractice cases, a physician’s prescription or administration of drugs in a certain situation is measured against healthcare providers in a similarly situated scenario.
Pharmacies may also be subject to medical malpractice lawsuits.
Medical malpractice resulting from anesthesia errors that cause patient injury is closely related to surgical negligence. Almost all medical procedures – from very minor procedures to major surgeries – require the administration of some form of anesthesia. There are many different varieties of anesthesia, including numbing sprays, local injections, gas, intravenous anesthesia, spinal epidurals, etc. Each of these types of anesthesia come with certain inherent risks. And, not all medical complications resulting from the administration of anesthesia can be anticipated or prevented.
However, there are certain standards that surgeons, anesthesiologists, hospitals, and medical staff must adhere to when administering anesthesia and monitoring patients under anesthesia. When professionals deviate from these medical standards, errors and resulting injuries may occur.
Obstetricians and gynecologists are covered by some of the most extensive and expensive medical malpractice insurance policies in the business. That is because a vast number of birth-related medical malpractice claims are filed each year on behalf of injured patients. These types of cases tend to occur when treating physicians 1) fail to adhere to the appropriate standard of medical care, and 2) the mother and/or child are injured during pregnancy or delivery; a “wrongful birth” happens (when termination of a pregnancy would or should have occurred had birth defects been revealed); or a “wrongful pregnancy” happens (a failure to prevent or end a pregnancy).
Nursing Home Neglect & Abuse
Some of society’s most vulnerable citizens include our seniors and elders. Due to this vulnerability, many advocacy organizations have been developed in order to protect seniors from elder abuse both financially and physically. When seniors are in nursing homes, dementia units, and hospice, they often are unable to effectively communicate with their caretakers. They may not be able to advocate on their own behalves. Unfortunately, negligence and abuse incidents in nursing home settings are not uncommon. When the actions or inactions of nursing home professionals result in injuries to a patient, it may be possible to bring a medical malpractice claim – either individually or on behalf of a family member.
Wrongful death actions may be brought in medical malpractice cases when the negligence of a physician and/or hospital results in not only injury to a patient, but death. Wrongful death claims based on medical malpractice often are extremely technical, lengthy, and grueling legal fights. As with all medical malpractice cases, the facts, medical expert testimony, and evidence must show by a preponderance of the evidence that the death occurred due to the negligence of the treating physician. This is a high standard to meet, and that is why it is crucial to work with an experienced medical malpractice attorney when bringing a wrongful death claim based on medical malpractice.
When choosing a Waterbury medical malpractice wrongful death attorney, there is no substitute for experience. The medical malpractice attorneys and legal team at Berkowitz Hanna have the experience and resources necessary to go toe to toe the insurance companies of the defendant(s). We have an incredible track record in successfully initiating and resolving these extremely challenging and painful matters for our clients.
Get in Touch with a Waterbury Medical Malpractice Attorney Right Away
No one deserves to suffer because someone they trusted let them down. Society asks a lot of doctors, but it’s for a good reason – we depend on them to use their extensive training and expertise to keep us safe, well, and alive. When they fail to do that, someone is going to have to bear the financial burden of their mistakes. That someone shouldn’t be you.
Let the experienced legal team at Berkowitz Hanna fight for you. We have more than 40 years of experience in getting injured patients and families the justice that they deserve. We know that insurance companies won’t make it easy for you get to compensation, but it’s our job to fight that battle for you – and we’re good at it.
There is no charge and no obligation for an initial consultation with our lawyers. If we do decide to move forward together, please know that Berkowitz Hanna will never charge attorney’s fees for our services unless we’re able to recover money on your behalf. We are here to fight for your best interests.
To get started, call our office and ask for a free consultation right away. A Waterbury medical malpractice attorney can help you come to an informed decision about the best next steps for you and your family.