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February 2015 Archives

What is the practice of "defensive medicine"?

Recently we looked at some of the legal defenses that you may encounter if you become the plaintiff in a lawsuit that alleges medical malpractice. Many health care professionals take the idea of defending themselves against accusations of malpractice a step further, and can start to treat you like a plaintiff even before anything goes wrong. It's called, "defensive medicine," and a large number of physicians and surgeons appear to be practicing it.

Getting past defenses to medical malpractice claims

In earlier posts we have discussed several aspects of medical malpractice actions in Connecticut, including some of the legal requirements to initiate a lawsuit and examples of actual medical malpractice lawsuits. Another consideration to keep in mind is that, as with any lawsuit, medical malpractice claims are not a one-way street. You can expect the health care professional, his or her insurer and the attorney or attorneys representing them to put up a vigorous defense.

Wrongful death actions in cases of prenatal injury

Wrongful death lawsuits in Connecticut typically involve a cause of action by the administrator of the estate of a deceased individual who would have had a right to sue the responsible party had victim survived. This general definition can, however, beg the question of who may be considered to be "alive." Specifically, can an unborn child, or a viable fetus, that died as a result of prenatal injuries have a cause of action for wrongful death?

Violence in hospitals as a source of hospital negligence

Hospital negligence can take many forms. Many of these can be administrative in nature, such as poor hiring practices, unqualified personnel, staff shortages, inadequate training and lack of supervision. Others can relate to the physical facility itself, including dangerous or unsanitary conditions either in emergency rooms, operating rooms or patient rooms.

Why are expert witnesses required in medical malpractice cases?

When a plaintiff files a medical malpractice lawsuit, the claim is usually that health care providers were negligent in providing care, and as a result of the provider's negligence, the plaintiff suffered personal injury or other harm. Negligence is a legal cause of action involving the breach of a duty that one person owes to another.

Can medical malpractice and wrongful death suits work together?

One of the requirements for a medical malpractice lawsuit is that the patient filing it must have suffered some harm as a result of a doctor's or other health care professional's error, that constitutes the basis of the lawsuit. An unfortunate possibility is that the harm suffered may ultimately become fatal in nature.

Are Connecticut urgent care centers best choice for urgent care?

Urgent care centers are an increasingly common choice for immediate health care needs. The chances are high you have one close to your neighborhood, whether in New Haven or across the country. But the urgent care center may not be your best option when the medical attention you need is indeed urgent.

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When you are facing a difficult legal situation, you need to take immediate action to protect your rights and your ability to secure the resolution you want. The lawyers of Lynch, Traub, Keefe & Errante can help you.

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