Things to Consider Before Filing a Medical Malpractice Claim

When Connecticut residents into the hospital to undergo surgery, they must place their trust in the doctors, surgeons and nurses that are responsible for their care. A severe medical error can undermine that trust and devastate them emotionally, physically and financially. Many patients who have been injured during surgery consider filing a medical malpractice lawsuit.

Before going forward with litigation, people should consider whether their case is worth spending a great deal of time and energy on. Even if they are convinced that medical negligence was the cause of their injuries, they must be able to prove their assertions to a disinterested court. A plaintiff will need a lot of evidence to prove that medical negligence took place, as a judge will not be convinced by an injured patient’s beliefs alone.

Another factor that must be addressed before a patient files a medical malpractice lawsuit is who to file it against. Most of the time, the hospital where medical negligence occurred will be liable for a doctor’s actions. However, there are cases where doctors must be sued personally because they are not employed by the hospital where they committed an error. Timing is another consideration as medical malpractice lawsuits have a statute of limitations.

A lawyer who is representing a plaintiff in a medical negligence lawsuit will have to demonstrate to the satisfaction of the jury that the mistakes that led to the patient’s harm constituted a failure to exhibit the requisite standard of care. The evidence that is presented in this regard will in most cases include the opinions of medical experts.