Medical Malpractice: Definition and Determining if there is a claim
In layman’s terms, medical malpractice happens when a licensed medical professional makes a mistake in the course of medical treatment and you are harmed by that mistake. In Connecticut, there must be a deviation from the “standard of care” to constitute a valid claim. A deviation from the standard of care means that some event happened beyond or outside the scope of what an otherwise prudent medical professional in the same position would have done.
To expand, one aspect of medical malpractice is medical negligence. This means a professional does or does not do something for your behalf, and you are harmed because of it. This is also known as ‘omission’ or medical malpractice.
Many people assume that if they are injured under the general care of a medical professional, they automatically have a malpractice claim. This is not necessarily true. In fact, medical malpractice is much more complex than most assume.
There is more to a medical malpractice claim than showing a mistake. You must prove that the injury caused you damage or further harm. Injuries such as amputation, brain damage after an operation, a medical disease that worsens, or death are examples of damages resulting from medical malpractice.
As the plaintiff, you will have to prove that the injury is part of the negligence. This is ‘causation,’ and you will have to show the resulting damage was caused by the negligence of the medical professional. Medical malpractice claims are extremely difficult and expensive and require the services of an ‘expert witness’ to help your case – another medical professional with similar training and experience to validate your claim.
Insurance companies are rarely willing to pay out claims, and you can reasonably expect they will have multiple expert witnesses and a team of attorneys. Because of this, claims often take years to complete. If you are the victim of medical negligence, it is imperative that you consult with an experienced medical malpractice attorney immediately. Most medical malpractice claims have a statute of limitations of two years. Therefore, you should initiate your claim quickly.
Finally, under no circumstances should you sign anything or offer information until you speak to an experienced medical malpractice attorney. Protect your interests and call The Upton Law Firm today!