Malpractice Injuries in Middletown, CT

When facing a medical issue, you rely on healthcare professionals, trusting their specialized knowledge and following their instructions. However, if a physician’s negligence leads to a wrong diagnosis or improper care, the consequences can worsen your condition and erode your trust. Your medical professional may owe you compensation if they caused harm instead of healing you.

Protecting Your Right To Compensation

At Baber Law, we recognize that medical professionals commit negligent acts. We’ve positioned our legal team to provide the complex analysis and focused legal effort necessary to make them pay. If you suspect medical negligence involving you or a family member, contact us immediately. Our Medical malpractice attorney can investigate your case, assess your provider’s negligence, and protect your legal rights.

Medical Errors, Omissions, & Negligence In Middletown

Sadly, if your healthcare provider committed an error, omission, or negligent act, they might not tell you. If you feel your medical condition has worsened, or you simply don’t feel right, it’s up to you to recognize there’s a problem. You can ask your provider for answers or see another physician for a second opinion. You should also be proactive in seeking legal assistance

When we represent you, our law firm commits to investigating and evaluating your case, protecting your legal rights, and taking action on your behalf.

Common Types of Medical Negligence

Due to the vast number of medical specialties, we can’t provide a complete list of potential medical malpractice issues. However, common examples include:

• Negligent Surgery: This can involve accidental lacerations, foreign objects left inside a patient, contamination, or other operating room errors.
• Missed or Delayed Diagnosis: Delays in diagnosing serious conditions, such as cancer, can significantly reduce a patient’s chance of recovery.
• Wrong Diagnosis: If a healthcare professional diagnoses and treats the incorrect condition, the actual problem remains untreated and progresses.
• Prescription Errors: Incorrect medications, wrong dosages, or inaccurate instructions can cause adverse reactions and affect recovery.
• Negligent Anesthesia Administration: Administering too much or too little anesthesia can lead to severe patient reactions.
• Inappropriate or Dangerous Practices: If your physician prescribes experimental treatments or off-label use for existing drugs, they may be liable for adverse reactions.
• Psychiatric/Mental Health Malpractice: Mental health professionals can be liable for non-standard or negligent practices and therapies.

Remember, a healthcare provider might not disclose a mistake. As the patient, you will likely be the first to point out that a problem exists. If your physician dismisses your concerns, it’s your responsibility to seek the legal help you need.

Investigating Middletown Medical Malpractice Cases

When we accept a medical malpractice case, we begin an immediate and thorough investigation. Because medical professionals often keep potential malpractice records confidential, we focus initially on the client’s medical and treatment history and confirming that a negligent act caused the injury.

• We may request an independent medical examination to verify the harm.
• We often seek confirmation from a medical expert regarding the healthcare provider’s negligent act.
• In cases involving a fatality, we obtain autopsy, coroner reports, and other official documents.

Establishing Liability in a Medical Malpractice Case

After our initial investigation, we analyze the evidence to determine if your provider breached their duty of care by addressing four fundamental questions:

• Duty Owed: Did a valid healthcare provider-patient relationship exist?
• Breach of the Standard of Care: Did the treatment provided fall below the accepted medical standard of care?
• Causation: Is there a direct link between the breach of duty and the resulting injury or death?
• Damages: Did the patient suffer harm as a result of the breach of duty?

Filing a Medical Malpractice Lawsuit

When we file a lawsuit against a medical professional, Connecticut requires a higher standard of proof than in other personal injury cases. We must demonstrate a good faith belief that the healthcare provider was negligent. Any initial complaint must adhere to the standards outlined in CGS §52-190a:

• Our medical malpractice attorney must certify that we conducted a reasonable inquiry into the client’s claims.
• We must state, in good faith, our belief that the healthcare provider was negligent.
• We must demonstrate good faith by providing a certificate that includes a written, signed opinion from a board-certified healthcare provider in a similar practice specialty.
• The opinion must agree that there appears to be evidence of medical negligence.
• The similar healthcare provider must include a “detailed basis for the formation of such opinion.” The court automatically grants a 90-day extension to meet this requirement.
• Our law firm must keep the original certificate and attach an anonymous copy to the complaint.
• The attorney who submits the certificate of good faith may face sanctions or disciplinary review if, after discovery, the court finds no justifiable issue to confirm malpractice.

Recoverable Damages

If we settle your medical malpractice case or ask a court for a judgment, we may recover three types of damages: economic, non-economic, and, in rare cases, punitive damages:

• Economic Damages: These cover current and future out-of-pocket expenses, including medical bills, lost income, costs for treatment, recovery, rehabilitation, medications, and funeral costs.
• Non-Economic Damages: These damages compensate for personal losses such as pain, suffering, disfigurement, permanent disabilities, family disruptions, psychological issues, and the impact of injuries on your life.
• Punitive Damages: A Connecticut jury may award punitive damages when the defendant’s actions were reckless, intentional, and malicious.

Resolving Your Case

While we prefer to settle medical malpractice claims without a trial, the complex nature of these cases often demands litigation.

• Hospitals, doctors, and other healthcare providers are typically reluctant to admit fault.
• It can be challenging to find a similar provider willing to certify a colleague’s negligence.
• Some medical malpractice insurance policies grant healthcare providers the right to approve or deny a settlement.

Often, our medical malpractice attorney can settle out of court. This allows defendants to escape adverse publicity, and both parties avoid the unpredictability of a jury trial. However, if the negligent parties refuse to negotiate fairly, our law firm is always prepared to go to trial for our clients.  

Alternative Dispute Resolution (ADR)

The Connecticut Judicial Branch established ADR programs to help parties resolve cases without going to trial:

• Arbitration (Civil cases under $50,000): Parties retain the right to proceed to trial if they disagree with the decision.
• Attorney Trial Referees (Civil, non-jury cases, no limit): Decisions are subject to court review and approval.
• Judicial-ADR (J-ADR) – Formerly Court-Annexed Mediation: Litigating parties hold a settlement conference with a judge.

Medical Malpractice Filing Deadlines

Connecticut’s medical malpractice statute of limitations requires victims to file a lawsuit within two years from the date the malpractice occurred. Missing this deadline will likely result in the loss of your right to recover damages, with few exceptions.

• Discovery Rule: The two-year period begins after you discover or reasonably should have discovered your injury.
• Statute of Repose: This provision caps the statute of limitations at a maximum of three years after the negligent act of malpractice. This deadline applies regardless of when you discovered a medical error, omission, or negligent act.
• Minors: A minor’s malpractice statute of limitations begins when they reach the age of majority (18). They then have two years to file a suit or settle their claim.

Statute of limitations issues can further complicate your case. If you suspect a medical malpractice injury, we strongly recommend you contact Baber Law as soon as possible for clarification.

Middletown Medical Malpractice Attorney

If you believe a medical professional injured you, contact Baber Law today to schedule a free consultation. Attorney Nate Baber and our legal team can review your case and determine if our law firm can help you.

• Call Us: 855-285-3425
• Schedule A Consultation: On this page or Visit Our Contact Page