FAQs

Medical Malpractice Frequently Asked Questions (FAQs)

Medical malpractice is one of those terms you always hear about. But what exactly is medical malpractice? Below are some frequently asked questions about medical malpractice. These questions are a good place to start. If you have specific questions about your case, contact the Attorney Vincent M. DeAngelo to schedule a free initial consultation.

What is medical malpractice?

Does every instance of medical carelessness constitute a valid medical malpractice claim?

Are all bad results due to medical malpractice?

If all bad results are not due to malpractice, how does someone know if his or her bad result was due to medical malpractice?

Are there time limits for bringing medical malpractice claims?

Learn more from a medical malpractice lawyer in Connecticut

Attorney Vincent M. DeAngelo makes this promise: "I will give you hard work and straight talk". For a free consultation to discuss your medical malpractice or other personal injury case, call him at 860.246.3500 or use the online form. He handles cases in the Hartford, New Haven, Bridgeport, and Milford areas.

 

What is medical malpractice?

Medical malpractice is a legal term for medical negligence, and negligence is a legal term for carelessness. In plain English, medical malpractice is the fancy legal way of saying medical carelessness, which involves doing something that a reasonable person, with proper training, would not do. Or it could be the reverse — the failure to do something that a reasonable person, with proper training, would do.

Under Connecticut law, every healthcare provider has a duty to act with reasonable care. If the healthcare provider does not act with reasonable care, he or she has breached the standard of care. This is another way of saying that the healthcare provider did not act as a reasonably careful healthcare provider with the same education, training and experience would act given all the same circumstances. In other words, the healthcare provider was careless.

Does every instance of medical carelessness constitute a valid medical malpractice claim?

The short answer is no. In most cases, even when a healthcare provider has been careless, no harm is done. For there to be a valid medical malpractice claim, that carelessness must result in some harm. Practically speaking, no attorney will bring a medical malpractice lawsuit unless there are very significant harms that resulted from the healthcare provider’s carelessness. This is because bringing a lawsuit is expensive and requires more time and effort than most other cases.

Are all bad results due to medical malpractice?

Many times, the outcome of a medical procedure or treatment is not what anyone wants, and the patient may suffer a bad outcome despite the best medical care. However, most bad outcomes are NOT the result of medical carelessness.

If all bad results are not due to malpractice, how does someone know if his or her bad result was due to medical malpractice?

Generally speaking, you must consult with a Connecticut medical malpractice attorney to know whether you have a valid medical malpractice claim. To bring a medical malpractice lawsuit in Connecticut, you must get a signed report that the healthcare provider being sued was negligent. The person who signed the report must be the same type of healthcare provider as the person being sued. It would be very difficult for a patient to file such a report on his or her own, and many medical malpractice attorneys in Connecticut have healthcare providers they consult.

Other times, a medical malpractice attorney knows that there is no valid medical malpractice claim. However, before filing a lawsuit, attorneys will obtain the patient’s medical records and have them reviewed by a healthcare provider.

Are there time limits for bringing a medical malpractice claim?

Yes. These time limits on bringing a claim are also known as statutes of limitations. If you believe you have a medical malpractice claim, speak to a medical malpractice attorney in the Hartford area immediately. It often takes months to investigate a medical malpractice claim. If you wait too long, you may lose the right to bring your lawsuit.

 

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