Experienced Waterbury Medical Malpractice Lawyers
Most of us go to a hospital, doctor, or healthcare provider to receive treatment that we hope will improve or cure an injury or condition that we have. Many times, this is exactly what happens – but, unfortunately, not always. When, instead of improving, a condition grows worse because of the negligence of a hospital, doctor, or healthcare provider, we’re here to help. Our medical malpractice attorneys in Waterbury understand the law and how to assert the most effective strategies on your behalf in a lawsuit, should one become necessary.
Medical malpractice is the name given to the set of laws and practices governing mistakes made as a result of negligence in the healthcare industry. While it is much more complex than most people realize, it is, in essence, helping victims of medical carelessness obtain the financial relief they need and deserve.
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 accidentally and without intention, the law assigns the liability to the professionals and the experts and not to the patients. After all, someone has to pay for the costs of malpractice, and it shouldn’t be the patient who suffers that loss, especially after suffering the results of the injury in the first place.
As hard as it might be to believe, doctors, nurses, and other medical professionals make mistakes during the course of treatment all of the time. While these mistakes are usually unintentional, the fact remains that they can cause profound suffering in the lives of patients who are the unfortunate victims of these mistakes. In the most serious cases, these mistakes can lead to incurable illness, permanent disfigurement or disability, or in the worst of cases, even death.
Our highly skilled malpractice attorneys 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 our Waterbury medical malpractice attorney about your options. Your initial consultation is completely free, and there’s no obligation whatsoever.
Contact a trusted Waterbury medical malpractice lawyer at 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.
Our proven and trusted Waterbury medical injury attorneys 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 Waterbury medical malpractice attorneys offer years of experience in virtually every aspect of medical malpractice litigation. We routinely represent clients with respect to “common” types of medical malpractice claims, but also have plenty of experience handling unique and rarer types of cases. Here are some important things to consider regarding some of the more prevalent instances of medical malpractice:
Without question, all physicians and medical support staff have significant responsibilities with respect to their patients. Preparation, focus, and dedication to the task at hand are essential. 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. This is true regardless of the specialized experience, education, and training of the treating physicians. Certainly, physicians are not expected to act as psychics, and perfection is not realistic, nor required. However, physicians are required to administer medical treatment that adheres to the appropriate standard of medical care.
If the physician does not perform according to the appropriate standard of care, and his or her failure, either to make a diagnosis in the first place, or to correctly diagnose a condition, a medical malpractice lawsuit may be necessary. Injuries in these types of cases can include the worsening of certain diseases or conditions, permanent disability, and in some cases, even death.
If you suspect that you are the victim of misdiagnosis, or a failure to diagnose, get in touch with our highly knowledgeable medical malpractice attorneys in Waterbury, CT to discuss your situation today. Your initial meeting is free.
Misreading X-Rays, Lab Work, and Other Test Results
A common cause of misdiagnosis and failure to diagnose is misreading x-rays, lab work, and other test results. Despite ordering these tests for the specific purpose of diagnosing patients’ injuries and illnesses, and despite having extensive training in reading scans and lab reports, doctors often misinterpret information and overlook symptoms of serious illnesses and injuries.
Common errors include failing to identify bone fractures in x-ray scans, failing to identify the cause of inflammation, and failing to properly identify a patient’s condition based on the results of his or her blood work. Misreading CT and MRI scans, EKG data, saliva and urine test results, and other testing data are among the most-prevalent issues leading to misdiagnoses and delayed diagnoses as well.
As a patient, it can be difficult to know when your doctor has misread your test results. After all, you went to your doctor for help, and you were relying on him or her to provide an accurate diagnosis. If you have recently been diagnosed with a medical condition and you have any reason to suspect that evidence of your condition may have previously been overlooked, we encourage you to speak with our Waterbury medical malpractice attorneys about your legal rights.
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 lawyer when bringing a wrongful death claim based on medical malpractice.
When choosing a Waterbury medical malpractice lawyer, there is no substitute for experience. The Waterbury medical malpractice lawyers 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.
FAQs: Seeking Financial Compensation for Medical Malpractice in Connecticut
Q: What should I do if I suspect that I, or a member of my family, may be a victim of medical malpractice?
If you have any concerns about the quality of care that you or a loved one received at a doctor’s office, hospital, or other medical facility in Connecticut, it is important that you seek treatment as soon as possible. We understand that it can be difficult to trust another provider when you have concerns about medical practice. However, there are good doctors out there, and you need to make sure you receive appropriate treatment for your illness or injury. We work closely with many doctors in the Waterbury area, and we would be happy to provide you with a referral.
Q: How long do I have to file a medical malpractice claim in Connecticut?
In most cases, Connecticut’s statute of limitations for medical malpractice claims is two years from “the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered.” However, the law also imposes a three-year limitation period that runs from the date of the malpractice regardless of whether an injury or illness was capable of being discovered within three years. Connecticut law requires medical malpractice claimants to satisfy certain procedural requirements as well (including conducting a “reasonable inquiry”). So if you have concerns about malpractice, it is important that you speak with a trusted Waterbury medical malpractice attorney as soon as possible.
Q: Does Connecticut have a cap on compensatory damages for medical malpractice?
No. Unlike many other states, Connecticut has not adopted a cap on compensatory damages for medical malpractice. If you have been injured or a loved one has died as a result of medical negligence in Waterbury, our attorneys can seek full compensation for your family’s financial and non-financial losses.
Q: When does a doctor’s, nurse’s, or EMT’s mistake constitute medical malpractice?
Doctors, nurses, EMTs, and other medical professionals must exercise a certain amount of judgment. For this reason, not all mistakes rise to the level of medical malpractice. When we investigate your case, we will be looking for evidence that your (or your loved one’s) care provider failed to adhere to the appropriate standard of care. If a lapse in judgment reflects substandard care, then our attorneys can file a claim for just compensation on your behalf. Most likely, this will mean dealing with the care provider’s medical malpractice insurer.
Get in Touch with our Waterbury Malpractice Attorneys 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 hospital malpractice and medical malpractice lawyers at Berkowitz Hanna fight for you. We have a long history 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 medical malpractice attorneys. 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. Our attorneys can help you come to an informed decision about the best next steps for you and your family.