Medical malpractice is an error, or errors, made by doctors or other healthcare providers and can cause severe, life-changing injuries and conditions that require costly medical care. Medical malpractice can cause serious and permanent injuries that can render a person unable to function or work as they did prior to the malpractice.
Types of Medical Malpractice
Pregnancy and birth come with inherent medical risks. However, some problems can result from the actions (or inactions) of medical personnel, such as preeclampsia, premature birth, cerebral palsy, and birth defects.
A delayed or incorrect diagnosis can result in severe injuries, and in some cases, death. A delayed diagnosis can result in a patient missing their chance to receive treatment that could have mitigated their symptoms or saved their life. A misdiagnosis can result in a patient receiving treatment that is harmful rather than helpful.
Sometimes, during surgery, mistakes are made. The mistakes that are made can vary widely – a surgeon installing the wrong size hip replacement, a surgeon leaving an operating instrument inside the patient, and an anesthesiologist providing too much anesthesia are examples of what can go wrong during surgery.
Treatment, Medication and Monitoring Errors
Doctors and other medical providers can also make information-based errors – they may apply an incorrect treatment, supply an incorrect medication, or misread a chart. These errors can lead to improper treatment or a lack of necessary treatment.
How Many Years Do You Have to Sue For Medical Malpractice?
In Connecticut, you have two years from the date the malpractice occurred to file a notice, which warns the doctor or hospital that you intend to sue. The notice can extend the statute of limitations by ninety days.
There is an additional provision in the statute that allows injured individuals to sue up to three years after the date of injury. This occurs where the injury could not reasonably have been discovered until a certain point, and the statute begins to run at the time where the injury was, or should have been, discovered (but the latest that a lawsuit can be brought is three years post-injury).
How do I prove medical malpractice?
The starting point for proving medical malpractice is obtaining a certificate/letter from a similar type of healthcare provider giving an opinion that there was medical negligence, and that the medical negligence caused the patient’s injuries. The expert will opine on the appropriate standard of care and how the medical professional failed to meet the standard of care. This certificate is required before a party can file a medical malpractice lawsuit.