Waterbury, CT, is a great place to access top medical care. It has two main hospitals, Waterbury Hospital and Saint Mary’s Hospital. Both hospitals are equipped with trauma centers and emergency helicopter pads, making them major hubs for medical treatment for folks in Waterbury and beyond.
We rely on our hospitals to provide the medical care we need at some of the most challenging moments in our lives. However, medical malpractice, including birth injuries and surgical errors, could leave us reeling from complications that should never have happened. At such times, we need access to fast and determined legal support to help us seek justice for the pain, suffering, and emotional distress we have endured.
If you have suffered at the hands of a healthcare professional who did not meet the expected standards of medical care, you have the right to seek compensation for your losses. In this article, we will explore how to navigate a Waterbury medical malpractice claim and how an experienced attorney can help.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional deviates from accepted standards of medical care and causes harm to a patient. The liable party could be a doctor, nurse, surgeon, or even a healthcare provider, such as a hospital.
The CT Medical Malpractice Report, published by the Connecticut Insurance Department in June 2024, noted the following about medical malpractice cases in Connecticut:
- 2,387 cases were closed in the previous 5 years
- 1,294 of those were in favor of the plaintiff (injured person or family of the deceased)
- 1,093 of them were in favor of the defendant (medical professional or institution)
- The average indemnity payout was $960,232
These statistics show that while only 54 percent of cases were decided in favor of the injured party or family of the deceased, they resulted in substantial payouts.
Connecticut laws on medical malpractice
Medical malpractice is a very complex area of personal injury law. In Connecticut, it is governed by a range of laws set out in the Connecticut General Statutes.
Determining the “standard of care” that medical professionals must meet is a legal challenge that a Waterbury medical malpractice lawyer can help you overcome. Under Connecticut law, the general rule for the standard of care physicians must meet is “to exercise the degree of skill, care, and diligence that is customarily demonstrated by physicians in the same line of practice.”
Determining whether medical malpractice has occurred
As medical science is constantly developing new and improved treatments and procedures, attorneys need help from medical experts to determine whether medical malpractice occurred.
Examples of medical malpractice by hospitals
Each suspected medical malpractice case is unique and must be investigated on its own merits.
Examples of hospital negligence could include the following:
- Aftercare failings: Failure to arrange and deliver appropriate follow-up care for patients after surgery or other treatments.
- Medication errors: Prescribing the wrong medication or giving a patient the wrong dosage.
- Diagnosis errors: Misdiagnosis and failure to diagnose a medical condition can lead to devastating consequences. Failure to order necessary medical tests, such as X-rays, MRIs, CT scans, blood work, or biopsies, could lead to serious injuries or conditions being missed.
- Premature discharge: Discharging a patient too early could cause avoidable complications and detrimentally affect his or her health.
Hospitals rely on qualified, experienced medical professionals to stick to established medical protocols for treating patients. However, when medical malpractice occurs, the hospital itself could be held liable.
When are hospitals liable?
As medical malpractice cases are complex, it is impossible to set out every scenario in which a hospital could be responsible for medical malpractice. A Waterbury medical malpractice attorney would need to carefully examine the facts of your case to determine whether healthcare providers or the hospital itself was at fault.
However, if a hospital fails to appropriately screen medical personnel before they begin treating patients, it would likely be liable for any harm they cause. For example, if they knowingly hired a doctor who was incompetent or engaged in dangerous behavior such as drug taking or excessive drinking, the hospital could be held liable for the doctor’s errors.
The medical professional’s employment status could also impact whether or not you could file a medical malpractice lawsuit against the hospital. If the healthcare professional is a direct hospital employee, he or she may be held liable. However, if he or she is an independent contractor, your attorney may advise you to sue the individual rather than the institution.
Key Elements of a Hospital Medical Malpractice Case
To successfully sue a hospital for medical malpractice, a Waterbury personal injury attorney must gather evidence and build a strong case to prove each of the following points:
- Duty of care: The hospital had a duty of care toward you.
- Breach of duty of care: The hospital breached its duty of care by failing to ensure that you received the standard of medical care to which you were entitled.
- Causation: The breach was the direct cause of your injuries. Connecticut law generally requires causation to be established by medical experts.
- Damages: You are entitled to damages for the losses you have suffered.
What to Do If You Suspect Medical Malpractice
If you suspect medical malpractice caused your injuries or medical condition or resulted in the wrongful death of a loved one, here is what you should do as fast as possible:
- Gather evidence: Medical negligence is hard to prove, but maintaining good records could strengthen your case. As well as keeping your medical records and expenses, also keep a journal of how you feel each day. Record your pain levels, take photographs of your wounds or medical conditions, and note how medical errors have affected your daily life.
- Find another hospital: At all times, prioritize your health. Do not let a bad experience with one hospital prevent you from accessing the medical treatment you need. Medical malpractice happens, but it is relatively rare. Find a new hospital to treat you as fast as you can.
- Contact medical malpractice attorneys: It is very unlikely that you can successfully sue a hospital for medical malpractice without appropriate legal support. Medical malpractice attorneys have the legal knowledge and experience you need to navigate a medical malpractice lawsuit.
While the steps above could help your case, the following steps could jeopardize your claim and should be avoided at all costs:
- Do not talk to the hospital: It may be your first instinct to discuss the suspected medical errors with the hospital. However, this could delay the process and cause you to miss the statute of limitations. Also, the hospital could downplay the situation or even cover up the medical malpractice.
- Do not discuss your case with others: Only disclose your suspicions to your medical malpractice lawyers. Calling out the hospital on social media could harm your case.
- Do not delay: In Connecticut, the statute of limitations is 2 years from the date of the medical malpractice or 2 years from the discovery of the injury. There is an additional “statute of repose,” meaning you only have 3 years to discover your injuries and file a medical malpractice lawsuit. So, if you suspect you are a medical malpractice victim, seek qualified and experienced legal support as fast as possible.
The faster you talk to medical malpractice lawyers, the faster they can start the legal process that could help you secure justice. You don’t want to miss out on the compensation you need to rebuild your life.
The Legal Process for Medical Malpractice Claims in Waterbury, CT
Understandably, the legal framework in Connecticut is set up to guard against frivolous medical malpractice cases.
The case of Trimel v. Lawrence & Memorial Hospital Rehabilitation Center in 2001 established that medical negligence cases must satisfy the following 3 points:
- The person/entity is being sued as a medical professional
- The alleged negligence is directly related to specialized medical treatment as part of a medical professional-patient relationship
- The alleged negligence related to a medical diagnosis or treatment that involved the use of medical judgment
Satisfying Connecticut’s “reasonable inquiry” requirements
Another safeguard against frivolous medical negligence lawsuits embedded in Connecticut law is its “reasonable inquiry” certification requirement.
Under Connecticut General Statute § 52-190a(a) (2023), the following points must be satisfied to start any medical malpractice lawsuit:
- Reasonable inquiry: Your attorney must make a reasonable inquiry to “determine that there are grounds for a good faith belief that there has been negligence in the care or treatment of the claimant.”
- Certificate: Your medical malpractice attorney must file a certificate that the reasonable inquiry resulted in the belief that legal grounds exist for a medical malpractice action.
- Written opinion letter: In addition, your attorney must obtain a signed written opinion letter from a similar health care provider confirming “there appears to be evidence of medical negligence and includes a detailed basis for the formation of such opinion.”
If a Waterbury medical malpractice lawyer fails to obtain and file these documents, your case could be dismissed. This underscores the importance of working with a legal team with both the experience and Connecticut law knowledge needed to navigate these complex cases.
The role of medical expert testimony
Your Waterbury medical malpractice lawyer will need to hire medical experts to help him or her prove your case for medical negligence.
The testimony of medical experts is required to satisfy the following points:
- Standard of care: Medical experts must first define the expected standard of care – what the hospital should have done to deliver the expected standard of care. This will include outlining what a healthcare provider with the same standard of education, training, and experience as the hospital you are suing would be reasonably expected to provide.
- Substandard care: Having established the expected standard of care, medical experts must now demonstrate how the care you received deviated from this standard. This will satisfy the “breach” element of the case.
- Defining your injuries: To recover financial compensation, medical experts must testify that the negligent act was the direct cause of your injuries. For example, did the substandard care cause you to develop a new medical condition? Did your existing condition get worse? Has medical negligence negatively affected your quality of life or life expectancy?
Testimony from neutral medical experts is the backbone of any successful legal action for medical malpractice. The faster they get started, the faster your case may be able to move to the next stage: mandatory mediation.
Mediation for medical malpractice claims
To move medical malpractice cases through the court system as fast as possible, Connecticut requires all parties to participate in alternative dispute resolution processes or at least one session of mandatory mediation.
The case is put on hold until the mediation session has been completed. During the session, the mediator will meet with your attorneys and those representing the hospital. If it is possible to resolve the claim via mediation, the mediator will schedule follow-up sessions to try to conclude the legal action out of court. Both parties will split the cost of mediation.
However, if you and the hospital do not agree that it can be settled through mediation, the lawsuit will continue normally.
Fight your case in court
Your medical malpractice legal team will now prepare to fight your case in court. Both parties present their arguments, producing evidence to support their claims. Expert testimony will prove crucial to building a strong case.
The judge or jury will then deliberate and deliver the verdict. The court also determines the damages to be awarded. If your case is unsuccessful, you will have the right to appeal.
Compensation for medical malpractice victims
In Connecticut, there is no limit on medical malpractice compensation. If your case is successful, you could recover damages for your economic losses and general damages.
Economic damages include medical expenses and lost wages. General damages vary from case to case but include noneconomic losses, such as pain and suffering, emotional distress, disfigurement, and loss of enjoyment in life.
Punitive damages, designed to punish people or entities for negligent acts, are rarely awarded in Connecticut medical malpractice cases.
Let Gould Injury Law Fight for Fast Results
If medical malpractice at a Waterbury hospital has left you facing an uncertain future, you need the legal support of a team committed to fast and fair results. At Gould Injury Law, we aim to be fast, fair, and fearless in pursuit of the compensation medical malpractice victims deserve.
It takes years of experience and a deep understanding of Connecticut law to plot a course to fast and fair results in Waterbury hospital negligence cases. Our experienced, aggressive, and fast-working legal team is committed to building a strong case that could help you secure the fast and fair compensation you need to face the future with confidence.
Schedule a free consultation with our legal team to find out what we can do for you. Call us at 888-WIN-FAST or complete our online contact form, and we will respond quickly.
