If you are under the impression that a doctor, nurse, or surgeon conducted medical malpractice, you must first move to evaluate if you have a viable claim.
Medical malpractice occurs when a healthcare provider delivers substandard care not in line with the accepted standard of practice. Patients in such scenarios often suffer harm or worse. As such, the law allows them the liberty to file a medical malpractice claim.
That said, here is a systematic approach to help you determine how strong your case is:
1. Consult with an Attorney
The first step is to schedule an initial consultation with a reputable Connecticut malpractice attorney. You can expect to discuss your case details, the treatment received, the injuries/harm suffered, and any other medical info that can prove relevant through the case.
2. Gather Medical Data
Your medical records will provide a complete picture of your medical history. They can help establish a link between the healthcare professional’s negligence and your injuries.
Some of the info your Connecticut malpractice lawyer will probably gather includes:
- Records directly related to your injury
- Pre-existing medical conditions
- Prior treatments
3. Expert Review
To solidify your case, your Connecticut malpractice attorney will likely tap into the expertise of medical professionals. These experts will assess whether the healthcare provider’s actions deviated from the expected standard. They will also determine if the negligence caused or contributed to your injuries.
Here are some elements they might look out for:
- Duty of care: The healthcare professional owes a duty of care to the patient.
- Breach of duty: The healthcare provider breached the duty of care by providing subpar treatment.
- Causation: There is a causal link between the breach of duty and the patient’s injury
- Damages: The patient must have suffered actual damages due to the healthcare professional’s negligence.
4. Evaluate Damages
Your Connecticut malpractice lawyer will assess the potential damages you may be entitled to in your medical malpractice claim. This evaluation includes considering the:
- Physical pain
- Mental anguish
- Medical expenses
- Lost wages
- Long-term impact on your quality of life
That said, quantifying the damages will help the attorney tell if pursuing the claim is financially feasible. After all, medical malpractice cases can be quite costly. The potential compensation must outweigh the litigation costs.
The Bottom Line: Making the Decision to Proceed
Your Connecticut malpractice attorney will assess the factors mentioned above and advise if proceeding with the medical malpractice claim makes sense. If they think you have a strong chance of success, they will guide you through the legal process. They will also assess if the potential compensation justifies the costs and efforts involved.
That said, you must also consider the statute of limitations for filing a medical malpractice claim in your jurisdiction. The statute of limitations sets a time limit for initiating legal action. Not filing within the specified time-frame can lead to case dismissal. Be sure to consult with your Connecticut malpractice attorney to ensure you meet all necessary deadlines.
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