Our offices remain open 24/7 despite the COVID-19 outbreak. Click here for more information.

Legal

Tort Reform Keeping Legitimate Cases Out of the Courtroom?

Someone who has been truly wronged is entitled to seek justice for their personal injuries in court. This is a right that most Americans hold as close to their hearts as any other constitutional right. But, according to an article by WTNH 8 News, a change in the filing procedures for lawsuits in the state of Connecticut is keeping some victims from receiving the legal aid they need.

In 2005, an amendment to the state's medical malpractice law was made that requires plaintiffs to supply a letter from a medical expert backing their claims before a suit can be filed. These letters can cost a victim thousands of dollars to receive from the doctor. Not to mention the victim has to pay the expert doctor again to testify on their behalf at the trial.

Even if a patient is able to afford a doctor to testify on their behalf, the wording of the law is having numerous legitimate cases thrown out before the case is ever presented to a jury or judge. The law states that a plaintiff's medical expert must have similar credentials to that of the accused. A misinterpretation of that law, where cases were dismissed because experts and doctors did not have exact matching credentials, has seen hundreds of cases dismissed before they are ever heard.

These types of complications in the law and judicial system point out just why it is vital to have a lawyer on your side when filing a Connecticut personal injury lawsuit. If you have been injured, get in touch with the Connecticut personal injury attorneys with Carter Mario Law Firm today!

Categories