In order to receive damages in a medical malpractice claim, you must be able to show that the medical provider was negligent. Negligence is a complex legal theory that includes a variety of factors and rules. Negligence means that the medical provider fell below the accepted standard of care and that this failure caused you injuries and damages.
The key to a claim of negligence in a medical malpractice claim is to define the standard of care. Only an independent medical expert can determine if a medical provider's actions fell below the accepted standard of care. The independent medical expert who reviews a medical provider's actions must be a "similar healthcare provider" pursuant to Connecticut law, and must provide a detailed written opinion outlining the basis for his or her opinions.
If the doctor or provider failed to adhere to the standard of care, then you may have a legitimate negligence claim. However, it is important to note that there are instances where a medical provider's actions do not fall below the standard of care. These actions include, but are not limited to, recognized complications of treatment, or poor outcomes that come from using independent medical judgment when there are multiple, different accepted treatments that could have been performed.
Some examples of instances where a medical provider may fall below the standard of care may include: misdiagnosis, treatment errors, surgical errors, pharmaceutical errors or improper medical advice.
If you can show that the medical provider fell below the accepted standard of care, you must also be able to show that you suffered some type of permanent harm or injury. There must also be a connection between the medical provider’s failure to adhere to the accepted standard of care and the harm or injury, referred to as the causation element of negligence.
If it is proven that a medical provider fell below the accepted standard of care, and that the failure caused harm or injury, then you may be entitled to damages. Damages can include: past and future medical bills, pharmacy bills, lost wages, loss of earning capacity, out of pocket expenses, pain and suffering or other detriments that occur from the medical provider's actions.
Proving causation between a medical provider's failure to adhere to the standard of care and your harm or injury also requires the opinion of expert witnesses.
If you believe you may have a medical malpractice claim based upon negligence, an attorney can review your case and provide legal advice specific to your situation. The legal team at Carter Mario Personal Injury Lawyers can assist those in Connecticut who have suffered harm as a result of medical malpractice.