Filing suit over negligence in a medical setting is a complex process, especially considering the numerous rules and regulations that apply to this category of litigation. One of the most complicated procedural questions that malpractice plaintiffs must answer before filing is who bears fault and, therefore, financial liability for the consequences of the injuries.
Determining liability in Connecticut medical malpractice claims can be made simpler if you have a competent legal team working on your behalf. Your seasoned medical negligence attorney will work diligently to ensure you receive the compensation you deserve.
The Importance of a Standard of Care in Medical Negligence Claims
A critical difference between malpractice cases and other forms of personal injury litigation is how civil courts define negligence by a medical professional compared to negligence by other parties. Rather than being based on a duty of care violation, medical negligence entails a violation of a more specific standard of care, the nature of which can change substantially in each case.
The standard of care applicable to a physician is an expectation of reasonable actions based on what another physician would have done while working under similar conditions. To establish that a healthcare provider violated an applicable standard of care, a plaintiff must enlist the help of a medical expert in accordance with Connecticut General Statutes §§52-184c and 52-190a.
This medical expert’s written statement affirming the validity of a case—or multiple statements by multiple relevant experts, in some situations—is a crucial first step to establishing liability in Connecticut physician negligence claims.
Potentially Liable Parties in Malpractice Cases
Notably, the person directly responsible for causing a patient’s injury may not always be the best defendant to name in an ensuing lawsuit. For instance, the hospital or medical facility that employed a negligent physician may sometimes be held liable for their employee’s conduct, which can greatly impact a plaintiff’s case and their chance at potential compensation.
Likewise, facility administrators and other staff members may also bear direct liability for malpractice in Connecticut if an injury stems from understaffing, lack of training or proper supervision, or a similar problem. Liability can even lie with a third party, such as a drug manufacturer or equipment supplier, if a defect in one of those products was the primary cause of a patient’s injuries.
An Attorney Can Further Explain Liability in Connecticut Medical Malpractice Claims
Proving a medical professional or entity is at fault requires extensive documentary and testimonial evidence, not to mention thorough knowledge of personal injury and malpractice laws in Connecticut. Fortunately, you have help available from a dedicated legal professional who knows how these cases work and can advocate for your best interests throughout every stage of your claim.
Proving liability in Connecticut medical malpractice claims typically hinges on the quality of the legal counsel a plaintiff retains. Call the office today to learn how a knowledgeable member of the team will help you. Our caring team is standing by.