Medical malpractice law is a complex area of legal practice that addresses instances where healthcare professionals fail to meet the accepted standard of care, resulting in harm or injury to patients. Understanding the fundamentals of this law is important for anyone involved in or affected by medical errors. 

If you’re a patient, knowing the key aspects of medical malpractice, including Connecticut’s specific statutes, legal procedures, and potential outcomes, can help you navigate the often confusing process of seeking justice.

 

An Overview of Connecticut Medical Malpractice Laws 

Medical malpractice laws in Connecticut hold healthcare providers accountable when their negligence or failure to meet the accepted standard of care results in patient harm. To pursue a malpractice claim, the injured party must establish that the provider’s actions or omissions directly caused their injury. This involves proving the duty or standard of care, the breach of that standard, causation, and damages. 

Connecticut also requires that a medical expert review a medical malpractice claim before a lawsuit is filed to ensure merit. This review is referred to as a reasonable inquiry certification requirement.

The statute of limitations for bringing a malpractice claim in the state is typically two years from the date of the injury, with some exceptions for cases involving minors or undiscovered injuries. Additionally, Connecticut does not place caps on damages in malpractice suits.

 

Duty of Care

The concept of duty of care is central to medical malpractice claims. Healthcare providers, including doctors, nurses, and hospitals, owe a duty to their patients to provide care that meets the accepted standard for their medical specialty. This means that healthcare professionals must act in a way that a reasonably skilled and competent provider would under similar circumstances.

A breach of this duty occurs when a healthcare provider’s actions or omissions fall below this standard and result in harm to the patient. In a malpractice case, the plaintiff must first establish that the healthcare provider owed them a duty of care and that the doctor violated this duty before proceeding to prove causation and damages.

 

Breach of Standard

A breach of standard occurs when a healthcare provider fails to meet the level of care expected within their field of practice. This standard is determined by what a reasonably skilled and knowledgeable provider would have done in a similar situation.

To prove a breach, the plaintiff must show that the provider’s actions, or lack thereof, deviated from accepted medical practices and directly contributed to the patient’s injury. Expert testimony is typically required to establish what the standard of care was and how it was violated in the specific case.

 

Causation

Causation in a medical malpractice claim refers to the requirement that the healthcare provider’s breach of the standard of care directly caused the patient’s injury or harm. The plaintiff must prove that the provider’s negligent actions or omissions were a substantial factor in bringing about the harm, and not some other unrelated event or condition. This means that the injury must have been a foreseeable consequence of the breach.

Establishing causation often requires expert testimony to connect the breach of care to the specific harm the patient experienced. Without proving causation, a malpractice claim cannot succeed, even if a breach of the standard of care occurred.

 

Damages

Damages in a medical malpractice claim refer to compensation a patient may receive for harm caused by a healthcare provider’s negligence. These damages can include economic losses, such as medical bills and lost wages, as well as non-economic damages for pain, suffering, and emotional distress.

Unlike some other states, Connecticut does not impose caps on damages in malpractice cases, meaning there is no limit on the amount of compensation a plaintiff can receive for either economic or non-economic damages. This allows individuals to seek full compensation based on the extent of their injuries and losses. 

 

Statute of Limitations

The statute of limitations for medical malpractice in Connecticut is generally two years from the date the injury is discovered, or should have been discovered. While the patient must file a lawsuit within two years of realizing the harm, the claim cannot be filed more than three years after the incident occurred. If the claim is not filed within this time frame, the patient may lose the right to pursue legal action.

There are exceptions to the statute of limitations. They include:

• Minor Plaintiffs — If the injured party is a minor under the age of 18 at the time of the alleged malpractice, the statute of limitations is extended. The minor has until their 19th birthday to file the claim, regardless of when the injury was discovered.
• Foreign Objects — If a foreign object, such as a surgical instrument or sponge, is left inside a patient’s body after surgery, the statute of limitations does not begin to run until the object is discovered or should have been discovered. This provides additional time to file a lawsuit in cases where the injury is not immediately obvious. 
• Fraudulent Concealment — if the healthcare provider conceals the malpractice or the resulting injury on purpose, the statute of limitations can be paused until the plaintiff discovers the fraud or concealment.

 

Reasonable Inquiry Certification Requirement

In Connecticut, the reasonable inquiry certification, also called a certificate of good faith and opinion letter, is a requirement for medical malpractice claims, designed to ensure that lawsuits are filed with a valid basis. Before filing a malpractice lawsuit, the plaintiff must have a qualified healthcare professional review the case and provide an affidavit stating that, based on a reasonable inquiry, there is evidence to support the claim of medical negligence.

This certification is intended to prevent frivolous lawsuits by requiring that the plaintiff’s legal team and medical expert believe there is enough merit for the case to proceed. The certification must be filed with the complaint when the lawsuit is initiated. If the reasonable inquiry certification is not provided, the case may be dismissed.

 

Protect Yourself from Medical Malpractice 

If you suspect that you have been the victim of medical malpractice, it’s essential to act promptly and seek expert legal advice. At Cooper Law Group, our experienced team is dedicated to helping victims of medical negligence get the justice they deserve.

Contact us today for a consultation and let us help you understand your legal rights and options. We’ll work tirelessly to protect your interests and guide you through every step of the process.