Becoming injured due to medical malpractice is an unfortunate reality for many people. A May 2016 study from John Hopkins School of Medicine found medical errors may be responsible for more than a quarter of a million deaths annually, making medical errors the third leading cause of a non-violent death in the United States. This type of injury can be life-ending or cause long-term expense and heartache for loved ones. If you believe you or a loved one has been injured due to medical malpractice, get help from experienced medical malpractice attorneys at Bartlett Legal Group, LLC.
Our attorneys have helped Connecticut victims of medical malpractice obtain justice following unnecessary or irresponsible medical treatment. When medical care is not up to the standard of care, when there are mistakes, errors or misdiagnosed conditions, the patient can suffer great harm, including wrongful death. Attorneys at Bartlett Legal Group can help if you or a loved one has suffered harm due to poor medical treatment.
Our Medical Malpractice Attorneys will review your case, look at all the evidence and find issues of concern that can be used in court or negotiations to support your claims. We work with our medical legal expert Bonnie Caines, medical consultants and physicians to establish whether the treatment you received fell below the standard of care and to establish the necessary causal connection between this negligent care and the injuries you received. Bonnie is a medical legal expert on staff to assist in interpreting the charts and records to help ensure you receive the compensation you deserve.
We represent clients from all of Connecticut and help them gain fair compensation for injuries received due to substandard or poor medical care. We can help you if you or a family member have suffered from the following:
- Birth injuries
- Misdiagnoses / Failure to Diagnose
- Surgical Errors
- Prescription Errors / Interactions
Why Choose Bartlett Legal Group?
Healthcare professionals will likely have defended against malpractice claims before; therefore, it is important for potential claimants to choose Bartlett Legal Group, attorneys who have experience litigating malpractice claims in Connecticut. Your lawsuit will be based not only on your evidence, testimony and witnesses, but also the claims, evidence, and expert witnesses presented by the opposing side in support of their defense. We will strive to anticipate the tactics employed by a healthcare professional to rebut or negate your claims.
The attorneys in our Cheshire office are experienced in medical malpractice lawsuits and will use this experience to anticipate the strategies used by the defense. Our attorneys’ strengths are in our courtroom and negotiation tactics. We also have one of the best medical resources, Bonnie Caines on staff. The Bartlett Legal Group team will build the best possible case on your behalf.
Do you have a Medical Malpractice case?
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If you or a loved one has been injured due to another’s negligence, our attorneys may be able to help you file a lawsuit to recover compensation for your losses. If you elect to take legal action, we will prepare your claim by:
- Reviewing information given to them to establish if you have a claim;
- Collecting additional evidence to support your claim;
- Determining the value of your claim;
- Determining potential liable parties;
- Helping you understand your legal rights and options, moving forward; and
- Handling complicated technical rules and procedures.
While the evidence and facts may be on your side, the strength of your case may ultimately hinge on the ability of your attorney to prove a causal link. We understand how to package, present, and explain supporting (and adverse) evidence; question expert witnesses; rebut claims made by the defense through intelligent and thoughtful means; and turn neutral facts into favorable evidence or negate facts that are unfavorable to your case.
What Constitutes Medical Malpractice?
When a patient is injured due to the negligence of a medical professional, they may be able to file a lawsuit. The plaintiff must prove the following elements of proof to succeed in a medical malpractice lawsuit:
- Patient/Doctor Relationship: Individuals filing a medical malpractice lawsuit must be able to prove they had a physician-patient relationship with the doctor. The patient must hire the doctor and the doctor must have agreed to work for the patient. Medical practitioners can only be sued for acts of malpractice committed within the scope of employment.
- Duty of Care: Physicians are required to perform up to the accepted standard of the medical community. Doctors and other medical professionals have a legal obligation to their patients to act in the same manner that another practitioner in the same field and situation would.
- Breach of Duty: In order for a medical practitioner to have been negligent, they must have violated the duty of care to their patient. For the duty of care to have been broken, the doctor must have failed to act how another medical practitioner would have in a similar situation.
- Causation: In addition to negligence, patients must also prove causation to have a valid claim. Injured patients must prove that the medical practitioner’s breach of duty was the proximate cause of their injury. Through documents, further medical treatments, and affidavits from other healthcare providers, patients must be able to show a causal relationship between the doctor’s negligence and their injury.
- Damages: The injury caused by the healthcare provider’s negligence must have caused either economic or non-economic damages. This means that medical professionals cannot be held liable unless the injured patient incurred additional medical bills, lost wages or damage to their future earning capacity, or pain and suffering.
Medical Malpractice Damages
In medical malpractice cases, compensatory damages are awarded to compensate the injured patient for the harm caused by a medical professional’s negligence. Compensatory medical malpractice damages attempt to make the victim “whole” again and provide financial compensation for economic and non-economic losses. Also known as actual damages, economic losses that may be covered include:
- Medical expenses: These damages cover the cost of hospital stays, doctor visits, physical therapy, prescription drugs, assistive devices and similar expenses. When an injury is severe or permanent, the medical malpractice victim may also be awarded compensation for future medical expenses.
- Lost wages: Patients who must take time away from work to recover from their medical malpractice injuries may be able to collect compensation for lost wages.
- Loss of earning capacity: When a patient is unable to earn the same amount of money as he or she did prior to their accident, they may be awarded compensation for a loss of earning capacity.
- Pain and suffering: Medical malpractice damages for pain and suffering typically compensate the victim for the physical pain caused by their injuries. These damages may also include compensation for emotional distress, which refers to the anxiety, depression, fear, frustration and other mental suffering that can develop as a result of a medical malpractice injury.
- Loss of Consortium: The spouse of the medical malpractice victim may be able to recover compensation for the loss of marital benefits. Loss of companionship, sexual relations, affection, and comfort are among the compensable marital benefits. Loss of consortium medical malpractice damages are typically awarded in cases of life-changing or permanent injuries.
- Other Damages: There are other damages available in certain situations, including loss of life’s enjoyment, compensation for disability or disfigurement, loss of companionship, etc.
If you or a loved one has suffered injury, pain, wrongful death, disability or other medical problems and care expense due to negligent medical treatment, get immediate legal representation and counsel. Our office is centrally located in Cheshire CT, and our attorneys are ready to meet with you to discuss your legal options. Contact us today for experienced legal representation; call us at (203) 463-4939.