If a doctor, surgeon, nurse, anesthesiologist or pharmacist committed a grievous oversight that resulted in a serious injury to you or the wrongful death of a loved one, we are experienced New Haven medical malpractice lawyers that have the proven skills, determination, compassion, resources and client focus that can help you get results.
When you’re suddenly confronted with a serious illness, you trust your care to physicians and a host of other medical professionals in hospitals. You depend on the medical professionals’ knowledge and training and expect them to deliver treatment according to standards of practice.
When a licensed health care professional or medical facility betrays that trust and falls short of these expected standards, medical malpractice can occur, resulting in personal injury, catastrophic injury or wrongful death.
Act now to protect your rights and your opportunity to obtain full financial compensation for lost income, medical expenses, and pain and suffering. Contact us at the Law Office of Carl A. Secola, Jr., LLC in Connecticut to arrange your free initial consultation and case evaluation.
What Are Medical Malpractice Claims in New Haven?
New Haven medical malpractice claims refer to legal actions taken against healthcare professionals or healthcare facilities when they provide substandard or negligent medical care that results in harm to a patient. Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, leading to injury, worsened medical condition, or even death.
These claims can involve a wide range of medical professionals, including doctors, nurses, surgeons, anesthesiologists, pharmacists, and hospitals. Examples of medical malpractice include misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, anesthesia mistakes, and failure to provide appropriate treatment.
Successfully pursuing a medical malpractice claim requires demonstrating that the healthcare provider’s actions or omissions fell below the standard of care and that these actions directly caused the patient harm. Medical malpractice claims can be complex, requiring expert testimony and thorough investigation.
Examples of New Haven Medical Malpractice Cases We Handle
Our personal injury firm in New Haven operates statewide to bring quality, proven representation to victims of medical malpractice throughout Connecticut in practice areas such as:
- Anesthesia Errors: Anesthesia errors refer to mistakes or negligence in administering anesthesia during medical procedures, such as surgery. These errors can lead to complications, allergic reactions, organ damage, or even death.
- Birth Injuries: Birth injuries occur during the labor and delivery process and can result in physical or neurological harm to the newborn. Common birth injuries include cerebral palsy, Erb’s palsy, brachial plexus injuries, and fractures.
- Brachial Plexus Injuries: Brachial plexus injuries are nerve injuries that affect the network of nerves responsible for controlling movement and sensation in the arms and hands. These injuries often occur during childbirth and can result in weakness, loss of sensation, or paralysis in the affected arm.
- Brain Injuries: Brain injuries can occur due to traumatic incidents, such as accidents or falls, or as a result of medical negligence. These injuries can range from mild concussions to severe traumatic brain injuries, leading to cognitive impairments, physical disabilities, and emotional changes.
- Cancer Misdiagnosis: Cancer misdiagnosis refers to the failure to detect or accurately diagnose cancer in a timely manner. This delay or misdiagnosis can significantly impact the effectiveness of treatment and prognosis, leading to harm or even death.
- Cerebral Palsy: Cerebral palsy is a group of neurological disorders that affect movement, muscle coordination, and posture. It usually occurs due to damage to the developing brain during pregnancy, childbirth, or early childhood.
- Emergency room (ER) Errors: ER errors involve mistakes or negligence in emergency room settings, where timely and accurate diagnosis and treatment are crucial. Examples include misdiagnosis, medication errors, delays in treatment, or failure to properly assess and manage patient conditions.
- Failures to Diagnose: Failures to diagnose refer to situations where healthcare professionals overlook or miss important signs or symptoms of a medical condition, resulting in delayed treatment and potentially worsened outcomes.
- Medication Errors: Medication errors can occur at various stages, including prescribing, dispensing, or administering medication. These errors can involve incorrect dosage, wrong medication, or improper drug interactions, leading to adverse reactions or complications.
- Paralysis: Paralysis refers to the loss of muscle function and sensation in parts of the body. It can result from various causes, including spinal cord injuries, nerve damage, or medical errors during surgery.
- Surgical errors – Surgical errors encompass a wide range of mistakes or negligence that occur during surgical procedures. These can include wrong-site surgery, anesthesia errors, damage to surrounding tissues or organs, or leaving foreign objects inside the patient’s body.
Potential Evidence in New Haven Medical Malpractice Claims
Medical malpractice liability claims can be difficult to prosecute. They consume a great deal of time, energy, and financial and investigative resources. Evidence and hospital records must be carefully examined. Expert witnesses who can pinpoint negligence must be found. Due to these complexities, timing is essential in the initiation of a medical malpractice lawsuit. These kinds of legal actions should be pursued as soon as possible after the reported negligent conduct.
Affidavit of Merit in New Haven Medical Malpractice Claims
In New Haven, an Affidavit of Merit is a crucial requirement in medical malpractice claims. It is a legal document that must be filed along with the medical malpractice lawsuit and serves to demonstrate that there is a reasonable basis to believe that medical negligence occurred. The Affidavit of Merit must be prepared by a qualified medical expert who has relevant experience and expertise in the same field as the healthcare provider being sued.
The purpose of the Affidavit of Merit is to ensure that medical malpractice claims have some merit before they proceed to court. By requiring an expert opinion at the early stages of the case, the court aims to prevent frivolous or baseless claims from burdening the legal system. The affidavit must provide a professional evaluation of the case, stating that there is a reasonable basis to believe that the defendant’s healthcare provider breached the accepted standard of care and that this breach caused harm to the patient.
The Affidavit of Merit requirement adds an additional layer of complexity to medical malpractice claims in New Haven. Failing to file an adequate Affidavit of Merit within the specified timeframe can result in the dismissal of the medical malpractice claim.
New Haven Medical Malpractice Review Panels
In New Haven, medical malpractice review panels play a significant role in the resolution of medical malpractice claims. These panels are part of a pre-litigation process designed to provide an impartial evaluation of the claim before it proceeds to court.
The medical malpractice review panel consists of healthcare professionals, including physicians and other experts in the relevant medical field. The panel members review the evidence, medical records, and expert opinions presented by both the plaintiff and the defendant. Their primary objective is to assess whether there is sufficient evidence to support the claim of medical negligence.
The panel’s evaluation is advisory in nature and does not determine the outcome of the case. However, their expert opinion carries weight and can influence the direction of the litigation. The panel’s findings can help inform both parties about the strengths and weaknesses of their case and provide valuable insight into the potential outcome if the case were to proceed to court.
It is important to note that while the medical malpractice review panel’s opinion is influential, it is not binding. Either party involved in the claim can choose to accept or reject the panel’s findings. If either the plaintiff or the defendant rejects the panel’s opinion, the case can proceed to court for litigation.
The Statute of Limitations In New Haven
In New Haven, as in the rest of Connecticut, medical malpractice claims are subject to a statute of limitations. The statute of limitations sets a time limit within which a lawsuit must be filed in order to be considered valid by the court. Failing to file a medical malpractice claim within the specified time frame may result in the claim being barred and the inability to seek compensation for the injuries.
In Connecticut, the statute of limitations for medical malpractice claims is generally two years from the date when the injury or harm was discovered or should have been discovered through reasonable diligence. This is known as the “discovery rule.” However, there is also a statute of repose, which sets an absolute deadline for filing a claim regardless of when the injury was discovered. In Connecticut, the statute of repose for medical malpractice claims is three years from the date of the act or omission that caused the injury.
It is important to understand that there are exceptions and variations to the statute of limitations depending on the specific circumstances of the case. For example, if the victim is a minor or has a mental disability, the time limit may be extended. Additionally, in cases involving foreign objects left in the body during surgery, the statute of limitations may be extended to up to one year from the date of discovery.
Our Fees For New Haven Medical Malpractice Claims
So that you can fully focus on recovering from medical malpractice injuries or the tragic death of a loved one without worries over the cost of representation, our New Haven medical malpractice lawyer offers our legal services on a contingency fee basis. You owe no attorney fee unless we win your case.
Why Choose Our New Haven Medical Malpractice Lawyer?
If you or a loved one have suffered harm due to medical negligence in New Haven, it is essential to seek the guidance of an experienced medical malpractice lawyer who understands the complexities of these cases. Our dedicated New Haven medical malpractice attorney is committed to fighting for your rights and pursuing the justice and compensation you deserve.
With our extensive knowledge of New Haven medical malpractice laws, we will meticulously investigate your case, gather compelling evidence, consult with medical experts, and advocate vigorously on your behalf. At the Law Office of Carl A. Secola, Jr., LLC, we will work tirelessly to hold negligent healthcare providers accountable for their actions and help you rebuild your life.
If you suspect that you were a victim of medical negligence anywhere in the state, contact us in New Haven at 203-891-5265. We are lawyers who will respond promptly to your email or overnight message. Please tell us if you need an evening appointment or if you need one of us to visit you in your home or hospital room.