I had surgery and I did not get the result I was expecting. Can I successfully sue the doctor?
A bad result does not necessarily mean that the doctor committed malpractice. There are recognized risks of every procedure even when done right. To prove medical malpractice lawyers have to prove that the doctor deviated from the standard of care (made a mistake) and this caused you significant permanent harm. In Connecticut, we need to have a medical expert give a written opinion that there was negligence in the treatment before filing suit.
Do I have to get another doctor to testify that my treating doctor was negligent?
Yes. Your lawyers need to hire an expert in the same field as the doctor being sued. The expert must review all of the records in the case and be available to give a deposition and trial testimony stating that your doctor deviated from the standard of care in treating you.
Is it true that in Connecticut, one doctor will not testify against another?
It is unusual in this state when a Connecticut doctor testifies that another Connecticut doctor committed malpractice. We look for the best expert physician for the case, regardless of their location.
If my doctor has made a clear-cut mistake, won’t the case get settled?
Probably not. In most medical malpractice cases, the doctors and insurance companies refuse to pay anything unless the case is fully litigated and approaching trial. That is why we prepare all of our cases as if they will go to trial.
How much time do I have to bring a malpractice case for injury to myself or my child?
In Connecticut the general rule is that you have 2 years from the date of injury to bring a claim. There are few exceptions, and generally there are limited exceptions for children, even those injured at birth. This allows very little time to collect medical records and get the case properly evaluated so it is important to contact us immediately if you believe you have a medical malpractice case.