New Haven Medical Malpractice Lawyer
At Lynch, Traub, Keefe & Errante, based in New Haven, Connecticut, our lawyers help individuals and families that have been affected by medical errors and negligence. We have been doing this work for many years and believe that we have helped all health care consumers as a result. If errors that cause injury and death can be corrected rather than repeated as a result of New Haven medical malpractice litigation, everyone benefits.
A Firm With The Resources To Handle New Haven Medical Malpractice Cases
Our personal injury law firm has the resources and staff to handle complex and lengthy medical malpractice cases. We have two nurses and two highly experienced attorneys who focus primarily on this area of practice.
This team, working with medical experts from national teaching institutions, evaluates medical malpractice cases. When we accept one of these cases, we focus on compensating the victim fully for the devastating and permanent harm caused by avoidable medical errors.
Examples Of New Haven Medical Malpractice
Our medical malpractice lawyers represent individuals and families that have been affected by preventable medical errors. We have handled cases involving:
- Delayed diagnosis
- Emergency room misdiagnosis
- Misread X-rays, CT scans, MRIs and mammograms
- Delayed and mismanaged cesarean sections that result in harm to the baby
- Mismanaged delivery that results in a birth injury
- Mismanaged pregnancy and prenatal care
- Infections in hospitals
- Medication errors
- Birth defects
- Incorrect surgery or medical procedures performed
- Birth injuries
- Anesthesia complications
- Surgical complications
- Incorrect medication prescribed or dispensed
If you are suspicious about care that resulted in brain damage, infection, or death, contact a medical malpractice lawyer at Lynch, Traub, Keefe & Errante immediately. We represent the injured and their families in New Haven, Hartford, Bridgeport, Stamford, New London and Waterbury and throughout Connecticut.
What is Medical Malpractice?
When we seek medical treatment from a doctor, hospital, or other healthcare professional, we expect them to take care of us and to act within the accepted standards of medical care. Sometimes, however, the people we trust make mistakes that can have life-altering and sometimes fatal consequences.
Medical malpractice occurs when a health care professional breaches the standard of care, which the law defines as the level and type of medical care that a reasonably competent and skilled healthcare professional with a similar background would have provided under the same or similar circumstances.
However, a deviation or breach of the standard of care alone is not enough to pursue a New Haven medical malpractice claim. The identified breach or error must also have caused a substantial or permanent injury. What’s more, an expert trained in the defendant’s field of medicine must usually be called upon to identify the applicable standard of care and how that standard of care was not met.
Am I A Victim of Medical Malpractice in New Haven?
Typically, if the outcome of the medical procedure or treatment you received is so different from what is usually expected or what you were promised, there is a good chance that there might be medical malpractice involved.
It is important to note, however, that medicine is not an exact science, and just because the medical procedure or treatment didn’t yield the results that you wanted, doesn’t necessarily mean that medical malpractice occurred.
If you suspect that you are a victim of medical malpractice, it is important that you consult with an attorney who specializes in medical malpractice cases and who can investigate your suspicion.
What Compensation is Available to Victims of Medical Malpractice?
A life-changing injury or the death of a loved one can have a devastating financial effect. When the injury or death was the result of medical malpractice, the law provides for various types of compensation.
Non-economic damages are available to compensate victims for physical and mental harm and any ongoing pain and suffering that they might endure.
Economic or Compensatory Damages
Economic or compensatory damages are available to compensate victims for loss of wages and income, along with medical costs and expenses. An injured party may also recover damages for loss of earning capacity, as well as diminished advancement opportunities, reduced effectiveness at work, lost fringe benefits, and partnership earnings.
Punitive or Exemplary Damages
Punitive or exemplary damages may be awarded to the victim for the sole purpose of punishing or making an example of a defendant whose conduct was malicious, willful, and/or wanton.
Unlike some other states, Connecticut does not cap the amount of money a victim of medical malpractice may recover for non-economic damages. But, while there is no cap on non-economic damages, the state does limit the amount of punitive damages a victim may be awarded to the cost incurred to litigate the case (minus taxes).
Compensation for medical errors that result in death must be pursued under a New Haven wrongful death claim, which allows for the recovery of medical expenses, funeral and burial expenses, as well as loss of financial support, loss of society, and loss of companionship of the deceased.
Do I Need an Attorney to Help Me Pursue a New Haven Medical Malpractice Claim?
Trying to pursue a medical malpractice claim without the assistance of a qualified attorney is a recipe for disaster. You need a skilled New Haven medical malpractice attorney to guide you through the process and advocate on your behalf.
What’s more, in Connecticut, you generally only have two years from the time you know or believe that you have been a victim of medical malpractice to file a claim against those responsible. Miss this deadline, and you may be forever barred from bringing a claim.
Not only will an experienced and qualified medical malpractice attorney advocate on your behalf, he or she will also ensure that you meet every deadline required in your case, and that your claim continues to move forward through the process in a timely manner.
How Long Will My Medical Malpractice Claim Take?
A medical malpractice case can take a long time to resolve. In many cases, it will take two years or more for a medical malpractice case to reach a settlement or verdict.
There are multiples stages of a medical malpractice claim, and each will influence how long it takes your case to resolve:
Maximum Medical Improvement
Your doctors may still be treating and evaluating your injuries when you begin your claim. When this is the case, you should not attempt to settle your claim until the full extent of your injuries is known and you are as healed as you ever will be. This point is called Maximum Medical Improvement (MMI).
Whether or not you have reached MMI is completely the opinion of your treating physician. Your doctor will review your medical records, tests, and your injuries to determine whether your condition has stabilized and is unlikely to change with or without treatment.
Reaching MMI is very important to your medical malpractice claim because once you settle, you can’t come back and claim more damages, even if your injury becomes worse after you settle. It is, therefore, necessary to have full knowledge of the extent of your injuries and the damages you have suffered before settling your case.
Filing a Lawsuit
If you do not reach MMI within the statute of limitations, you will have to file a lawsuit before the deadline expires. This doesn’t necessarily mean that you intend to take the case to trial. At this point, it only means that you want to avoid losing the right to be compensated for injuries, while your doctors and lawyers continue to evaluate your injuries and calculate your damages. If you need longer than the statute of limitations to evaluate the full extent of your injuries, filing a lawsuit will allow you the time to do so.
Reviewing Your Medical Records
It can take your lawyer a lot of time to collect all of your medical records, especially if you have been treated by multiple medical providers. Then, once all of your medical records have been collected, your attorney will need to have them reviewed by an expert witness to determine if you have a valid medical malpractice claim. All of this is necessary, but can take a great deal of time and effort.
A deposition is a sworn and recorded hearing, where you will be asked questions about what happened to you and how it has affected your life. Many individuals may need to have their depositions taken, including the medical professional(s) responsible for your injuries and expert witnesses for both sides. If a lot of depositions need to be taken, it can take weeks and months to complete and review everyone’s deposition.
Your attorney and the defense may try to agree on mutually acceptable settlement terms, with the help of a neutral third party (called a mediator). In most cases, New Haven mediation results in a successful settlement agreement, and a trial becomes unnecessary. However, if no settlement agreement is reached during mediation, your attorney must take whatever time is needed to properly prepare your case for trial.
Going to Trial
If the defense is unwilling to mediate your claim, or if mediation does not yield a settlement agreement, your attorney may have no choice but to take your case to trial to obtain the compensation you deserve. Trying a medical malpractice case in court can be very expensive, and it can ultimately take an additional year or two to schedule, prepare for, and resolve your case at trial.
Call Lynch, Traub, Keefe & Errante
Proving your medical malpractice case in court can be complicated, and hiring the right expert witnesses can take time and money. The attorneys at our law firm have decades of courtroom experience, deep knowledge of Connecticut medical malpractice claims, and the financial resources to take on and win in the most complex medical malpractice cases.
If you or someone you care about has been harmed by the negligence of a doctor, hospital, nursing home staff, or other health care provider, please contact us today. The law only gives you a limited amount of time to file your lawsuit and pursue your right to compensation.