A Bad Outcome Does Not Always Constitute Connecticut Medical Malpractice

Thursday, March 4th, 2021 by | Posted In: Medical Malpractice

If you or a loved one are headed in for surgery there are risks you will be made aware of by your medical team.  With every surgery there are risks that can occur which may be serious and leave you with a result you are not expecting.  When you are notified of these risks you must weigh the risks against the rewards of the surgery.

If you elect to go ahead with the surgery these risks may turn into a negative result, but they may not be considered Connecticut medical malpractice.

In Connecticut if a medical provider deviates from the standard of care (in other words, makes a mistake) it may be considered medical malpractice, but an adverse result may not indicate a deviation from the standard of care.

Take for instance a knee replacement surgery.  There are risks associated with this surgery that are inherent to the performance of the surgery.  One of these risks may be persistent pain. While the surgery is intended to fix the pain that a patient is experiencing there may be a complication with the surgery that leads to continued pain.  This is not necessarily medical malpractice.

On the other hand, after a bone replacement surgery, if you can no longer walk, you may have a Connecticut medical malpractice case, because this is not an anticipated risk of the surgery.

If you believe that your medical provider has deviated from the standard of care you should seek a review of your case immediately.  Generally the statute of limitations on this type of case is 2 years (with some exceptions.)  In our office our doctor/attorney Robert Messey and nurse/attorney Gayle Sullivan will undertake a thorough legal and medical review of your case to help protect your long-term interests.

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