Connecticut Medical Malpractice: What to Do When Medical Care Goes Wrong
When you entrust your health to medical professionals in Connecticut, you expect a certain standard of care. Unfortunately, mistakes happen, and sometimes these mistakes can lead to serious injuries or even death. If you believe you’ve been a victim of medical malpractice, it’s essential to understand your rights and the steps you can take to seek justice and compensation.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligence results in harm to a patient. In Connecticut, this means proving that the healthcare provider breached the accepted standard of care, directly causing your injury. It’s not enough to simply experience a bad outcome; you must demonstrate that the provider acted negligently.
Common Types of Medical Malpractice Cases
Medical malpractice can take many forms. Some of the most common types of cases in Connecticut include:
- Misdiagnosis or Delayed Diagnosis: Failing to correctly identify a condition, diagnosing the wrong illness, or unnecessarily delaying a diagnosis, allowing a condition to worsen.
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong site, damaging organs, or leaving foreign objects inside the body.
- Medication Errors: Prescribing the wrong medication or dosage, failing to account for drug interactions, or administering medication improperly.
- Birth Injuries: Injuries to the mother or baby during pregnancy, labor, or delivery, such as cerebral palsy or brachial plexus injuries.
- Failure to Treat: Neglecting to provide necessary treatment or discharging a patient prematurely.
- Anesthesia Errors: Mistakes in administering anesthesia, leading to complications such as brain damage or nerve injury.
What to Do If You Suspect Medical Malpractice
If you believe you’ve been a victim of medical malpractice in Connecticut, here are the steps you should take:
- Seek Immediate Medical Attention: Your priority should always be your health. Get prompt medical care to address any injuries or complications resulting from the suspected malpractice.
- Gather Information: Collect all relevant medical records, including doctor’s notes, test results, and billing statements. This information will be crucial in building your case.
- Consult with a Medical Malpractice Attorney: Medical malpractice cases are complex and require specialized knowledge of the law and medicine. An experienced Connecticut medical malpractice lawyer can evaluate your case, explain your rights, and guide you through the legal process.
- Be Aware of the Statute of Limitations: In Connecticut, you generally have two years from the date you discover your injury (or reasonably should have discovered it) to file a medical malpractice lawsuit. However, there is also a statute of repose, which means you cannot file a claim more than three years from the date of the negligent act, regardless of when you discovered the injury. For wrongful death claims stemming from medical malpractice, the statute of limitations is two years from the date of death, but no more than five years from the date of the negligent act. Missing these deadlines can forever bar you from pursuing your claim.
- Understand the “Reasonable Inquiry” Requirement: Connecticut law requires that before filing a medical malpractice lawsuit, you must make a “reasonable inquiry” to determine if there are grounds for a good faith belief that malpractice occurred. This typically involves consulting with a medical expert who can review your case and provide an opinion on whether the healthcare provider deviated from the standard of care.
The Importance of Expert Testimony
In most medical malpractice cases, expert testimony is essential to prove that the healthcare provider was negligent. Because the complexities of medical diagnosis and treatment are not within the common knowledge of laypersons, you’ll need a qualified medical expert to explain the relevant medical standards and how the provider’s actions fell below those standards.
Damages You Can Recover
If you win your medical malpractice case in Connecticut, you may be entitled to compensation for a variety of damages, including:
- Medical Expenses: Past and future costs of medical treatment, rehabilitation, and other related expenses.
- Lost Wages: Compensation for lost income due to your inability to work.
- Pain and Suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life.
- Loss of Future Earning Capacity: If your injuries have diminished your ability to earn a living in the future.
- Other Out-of-Pocket Expenses: Any other expenses you’ve incurred as a result of the malpractice.
Unlike some states, Connecticut does not have caps on compensatory damages in medical malpractice cases, meaning there’s no limit on the amount you can recover for economic or non-economic losses. However, punitive damages are limited to the plaintiff’s litigation costs and attorney’s fees.
Finding the Right Attorney
Choosing the right attorney is crucial to the success of your medical malpractice case. Look for a lawyer who:
- Has extensive experience handling medical malpractice cases in Connecticut.
- Is Board Certified as a Civil Trial Law Advocate
- Has a proven track record of success.
- Is knowledgeable about medical terminology and procedures.
- Has access to qualified medical experts.
- Is compassionate and understanding of your situation.
Medical Malpractice Claims Data in Connecticut
According to the Connecticut Insurance Department’s 2025 Medical Malpractice Report, which summarizes data from 2020 through 2024:
- There were 2,241 total closed claims over the past five years.
- 1,270 were resolved in favor of the plaintiff.
- The average indemnity payout to a claimant was $987,710.
Taking Action
If you suspect that you or a loved one has been a victim of medical malpractice in Connecticut, don’t hesitate to seek legal advice. Contact a qualified medical malpractice attorney to discuss your case and explore your options. With the right legal representation, you can protect your rights and pursue the compensation you deserve.