Medical Malpractice FAQs

What Is Medical Malpractice?

Medical malpractice is "bad medicine" that results in harm or damage. Medical malpractice is improper or negligent conduct by a medical provider or healthcare professional. If a medical provider or healthcare professional is negligent or careless while providing services for a patient and the patient suffers injury or death as a result, that medical provider has committed medical malpractice.

Medical malpractice is a failure to perform as a reasonable medical care provider should have performed under the circumstances; it can be a failure to do something that should have been done or doing something that should not have been done.

In legal terms, medical malpractice is a deviation from the standard of care expected of a similar medical or healthcare provider in similar circumstances. As the Connecticut Supreme Court has stated: "Malpractice is commonly defined as 'the failure of one rendering profes-sional services to exercise that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession with the result of injury, loss, or damage to the recipient of those services....'" Barnes v. Schlein, 192 Conn. 732, 735 (1984).

If you or a loved one has suffered a serious injury or loss caused by medical malpractice, medical negligence, or medical mistake, please contact our MedicalMalpractice.Pro Team to arrange a free and confidential consultation.

What is a Claim for Medical Malpractice and How Does It Differ From an Ordinary Personal Injury Claim?

A legal claim for medical malpractice is a civil action seeking money damages because a medical provider was negligent in providing medical care or treatment. A claim for medical malpractice is a claim in negligence applying the principles of tort law. In such a claim, an injured person (or the estate of a deceased person) alleges that a medical provider deviated from the standard of care expected of a similar medical provider by doing something that should not have been done or by failing to do something that should have been done.

What distinguishes malpractice cases from ordinary negligence cases is the professional standard of care and the need for expert testimony. In fact, this distinction has been codified in medical malpractice cases in Connecticut General Statute Section 52-184c, which provides in part: "In any civil action to recover damages resulting from personal injury or wrongful death ... in which it is alleged that such injury or death resulted from the negligence of a health care provider ... the claimant shall have the burden of proving by the preponderance of the evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider." This statute codifies long established common law standards.

Accordingly, to prevail in a medical malpractice action in Connecticut, a plaintiff must prove (1) the requisite standard of care for treatment; (2) a deviation from that standard of care; and (3) a causal connection or relationship between that deviation and the injury. Moreover, each of these elements must be proven through expert testimony. Pisel v. Stamford Hospital, 180 Conn. 314, 334, 430 A.2d 1 (1980); see also Samose v. Hammer-Passero Norwalk Chiropractic Group, P.C., 24 Conn. App. 99, 102-103, 586 A.2d 614, cert. denied, 218 Conn. 903, 588 A.2d 1079 (1991).

If you or a loved one has suffered a serious injury or loss caused by medical malpractice, medical negligence, or medical mistake, please contact our MedicalMalpractice.Pro Team to arrange a free and confidential consultation.

Why Should I Choose Advocates Law Firm to Handle My Medical Malpractice Claim?

At Advocates Law Firm, we have been prosecuting serious injury and wrongful death claims caused by medical malpractice, medical negligence, and medical errors since 1983. In that time, we have reviewed thousands of medical malpractice claims and recovered millions of dollars for our clients.

The lawyers and legal assistants on our Connecticut Medical Malpractice Lawyer Group are all experienced and trained professionals with significant experience in prosecuting malpractice claims arising from medical negligence. Our firm has earned the highest rating possible from other lawyers for both Legal Ability and Professional Ethics. In short, we have the experience and know-how to help you and your family get the compensation you need and deserve for your medical malpractice injuries and losses.

Here is a partial list of some of our results in medical malpractice claims:

$3,350,000 in a Hartford County medical malpractice claim against surgeons and physicians who failed to timely recognize and treat an infection that arose after an Endoscopic Retrograde Cholangio-Pancreatography (“ERCP”) resulting in the death of a Farmington woman from sepsis and other medical problems;

$2,200,000 in a Hartford medical malpractice case against a hospital, emergency room doctor, and a psychiatrist for the Estate of a young boy from Windham County who died because doctors failed to diagnose his diabetes;

$1,950,000 in a medical negligence claim for the Estate of a New Haven County man whose heart illness was not properly diagnosed by health care providers;

$1,100,000 for the Estate of woman from New Britain whose medical illness of necrotizing faciitis was not properly diagnosed by an emergency room doctor in a Hartford County hospital;

$850,000 for a medical negligence claim against a Hartford orthopedic surgeon on behalf of a Berlin man injured during arthroscopic shoulder surgery;

$735,000 for a Plainville man who developed a serious infection and sepsis after a general surgeon had perforated the bowel during a hernia repair operation and failed to notice the perforation before closing the surgical opening; 

$365,000 in a medical malpractice claim for a New Hartford man whose heart attack was not treated properly by ambulance attendants (EMT's and paramedic);

$300,000 for an Avon woman whose sinus cancer was not diagnosed by her otolaryngologist (ear, nose, and throat doctor) in a timely manner;

$225,000 in a medical malpractice claim for an eighty-one year old Massachusetts woman whose eye was injured during the administration of anesthesia before glaucoma surgery;

$200,000 in a Hartford medical negligence case for a three year old girl from Avon injured during the administration of anesthesia during heart surgery.

Our Connecticut Medical Malpractice Lawyer Group is lead by Attorney Ron Murphy. Ron has been licensed to practice law in Connecticut since 1983 and Massachusetts since 1985. Ron is also the author of "Medical Malpractice Claims — Connecticut Actions and Remedies" (Butterworth Publishing 1993); and a former certified Emergency Medical Technician. Ron is also an Adjunct Instructor of Law at the University of Connecticut School of Law, where he currently teaches Trial Advocacy (and where he previously taught Legal Ethics and Professional Responsibility). Ron is also: a graduate of the Gerry Spence Trial Lawyers College and now one of its Staff Instructors, where he teaches lawyers around the country how to get the maximum recovery for injured clients; an Elected Member of the Board of Governors for the Connecticut Trial Lawyers Association (CTLA), the State's only organization of trial lawyers dedicated to representing the interests of people injured by accident or malpractice; one of the Staff Instructors at the Connecticut Bar Association's Trial Advocacy Institute; a member of the Million Dollar Advocates Forum (where membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements for clients); a designated "SuperLawyer" (an honor limited to no more that 5% of the lawyers in any state) in the areas of Personal Injury and Medical Malpractice as chosen by his peers through a poll conducted by the national publication "Law and Politics"; a member of the Association of Trial Lawyers of America; and a member of the Massachusetts Academy of Trial Attorneys; and a selected member of The American Trial Lawyers Association, an honor limited to 100 of the top trial lawyers in each state. As you can see, Atty. Ron Murphy has the experience and background to successfully handle any serious injury or wrongful death claim arising from medical malpractice or medical negligence. But Ron does not work alone. One of our lawyers is also a Board Certified Neurosurgeon.

Atty. Roger Kaye is not only a lawyer, but is also a Licensed Physician and Board Certified Neurosurgeon. For many years prior to joining Advocates Law Firm, Dr. Kaye has been a practicing neurosurgeon with an active private medical practice. He graduated from the Johns Hopkins University School of Medicine, and was trained at the New York University-Bellevue Hospital in neurosurgery. He is a member of the American Association of Neurological Surgeons; American College of Surgeons; and the Congress of Neurological Surgeons. Since 1972, he has treated thousands of patients and also been involved as an expert witness on the issues of standard of care and causation related to medical malpractice claims. Obviously, Atty. Kaye's medical background (combined with Atty. Murphy's background as a former certified EMT) gives Advocates Law Firm a unique ability to understand your medical issues and to prosecute medical malpractice injury and wrongful death claims. Roger is a graduate of the University of Connecticut School of Law and a member of the Connecticut Trial Lawyers Association and the Association of Trial Lawyers of America.

In addition to our lawyers, our Medical Malpractice Law Group also has the help and support of three trained and experienced Legal Assistants: Kelly Peasley, Ellen Roche, and Joanna Carrasquillo. Kelly, Ellen, and Joanna assist the lawyer prosecuting your claim by: ordering your medical records and bills (and following up on those orders), organizing those medical records and bills, obtaining reports and photographs, monitoring your medical treatment so we always have the most up-to-date records, organizing pleadings filed in your case, scheduling depositions and other events related to your claim, fielding telephone calls related to your case and forwarding them to one of our attorneys if they can't answer the question, etc. In short, Kelly, Ellen, and Joanna work closely with both you and the lawyer assigned to your case to assure that your claim is prosecuted efficiently and professionally.

If you or a loved one has suffered a serious injury or loss caused by medical malpractice, medical negligence, or medical mistake, please contact our Connecticut Medical Malpractice Lawyer Group to arrange a free and confidential consultation.

Do You Really Have a Licensed Physician and Surgeon Who is Also a Lawyer on Your Staff?

Yes we do.

Attorney Roger Kaye joined Advocates Law Firm in 2004 and is member of our Injury Claims Law Group.

Attorney Kaye is both a licensed lawyer and a licensed medical doctor. He has been consulted on, and participated in, numerous medical malpractice and personal injury cases in Connecticut and other states, one of which resulted in verdict for over $5 million dollars.

Dr. Kaye is licensed to practice medicine in Connecticut and is a Board Certified Neurosurgeon. For many years prior to joining Advocates Law Firm, Dr. Kaye has been a practicing neurosurgeon with an active private medical practice. He graduated from the Johns Hopkins University School of Medicine, and was trained at the New York University-Bellevue Hospital in neurosurgery.Dr. Kaye has served on peer review committees for two Connecticut hospitals and has reviewed cases for the Department of Health for the State of Connecticut.

Dr. Kaye is a member of the American Association of Neurological Surgeons; American College of Surgeons; and the Congress of Neurological Surgeons. He is also a member of Phi Beta Kappa.

Drawing on his extensive experience as a treating physician and with Peer Review and his specific expertise involving the nervous system, Dr. Kaye had testified as an expert medical witness over 75 times, in malpractice cases and injury claims. In medical malpractice claims, he has been an expert on the deviation from the standard of care and/or causation. In injury claims, he has testified as a treating physician and also as an expert on the extent and type of injuries, and causation. He also lectures to medical and legal groups on neurosurgery and the law.

Attorney Kaye is licensed to practice law in Connecticut and New York. He graduated from the University of Connecticut School of Law (with High Honors). While in law school, he was active in the Moot Court Board and in trial competitions; and he received a Cali Award for Excellence in each of the following subjects: Trial Practice, Advanced Torts, Constitutional Law, and Property Law. Attorney Kaye was also the winner of the Alva Loiselle Moot Court Competition in Appellate Advocacy; and the statewide Healy Writing Competition, sponsored by the Connecticut Health Lawyers Association.

He is a member of the American Bar Association, Connecticut Bar Association, New York Bar Association, Association of Trial Lawyers of America, and the Connecticut Trial Lawyers Association.

If you or a loved one has suffered a serious injury or loss caused by medical malpractice, medical negligence, or medical mistake, please contact our MedicalMalpractice.Pro Team to arrange a free and confidential consultation.

Why Does Your Firm Charge No Fees and No Expenses Unless You Win My Medical Malpractice Claim?

At Advocates Law Firm, if we agree to take your medical malpractice claim, we charge NO FEES and NO EXPENSES UNLESS and UNTIL we win your claim. In other words, our MedicalMalpractice.pro Team will do all the work and advance all the expenses to prosecute your medical malpractice claim but we get paid and reimbursed only from the recovery we obtain for you. We take medical malpractice cases on a contingency fee basis because otherwise our clients would never be able to afford to bring the claim to seek justice. Medical malpractice claims are very expensive to prosecute in terms of time and money. Ordinary people rarely have the money necessary to pay hourly fees for lawyers' time or the many expenses associated with prosecuting a medical malpractice claim. In recognition of this reality, our MedicalMalpractice.pro Team decided that if we are going to help people get justice for the harms and losses they have suffered as a result of medical malpractice, we will do so on a contingency fee basis. We will evaluate your claim and if we decide to take your case, we put our time and money at risk for you as your partner in the pursuit of justice.

Our contingent fee in a medical malpractice injury or wrongful death claim would be one-third of the gross amount recovered plus reimbursement of all of the expenses we advanced related to prosecuting your medical malpractice claim. If for some reason there is no gross recovery, there would be no attorney's fee paid and no expenses reimbursed. All of this would be spelled out in a written retainer agreement signed by you and Atty. Ron Murphy on behalf of our MedicalMalpractice.Pro Team and also in a waiver of the statutory fee formula.

If you or a loved one has suffered a serious injury or loss caused by medical malpractice, medical negligence, or medical mistake, please contact our Medical Malpractice Law Group to arrange a free and confidential consultation.

What Are Your Three Primary Goals in Prosecuting Medical Malpractice Claims?

At Advocates Law Firm, we have three primary goals in pursuing every serious injury or wrongful death claim arising from medical malpractice or medical negligence. First, we want to help our clients deal with the burdens, pain, anxiety, and inconvenience that result from medical malpractice so they can focus on getting their lives back together as best they can under the circumstances. Second, we want to recover full justice (in the form of money damages) as compensation for all the harms, losses, and injuries that our clients have suffered and may suffer as a result of the malpractice, so they can move forward and deal with the future as best they can under the circumstances. And third, we want to make Connecticut’s hospitals and Connecticut’s healthcare system safer by holding negligent medical providers accountable for the harm they cause so that they (hopefully) will change the way they deliver medical care and not harm others in the future. Related to this last goal, see our FAQ’s below that discuss what you can do to help prevent the risk of medical errors or medical negligence in your own healthcare or the treatment of those close to you.

If you or a loved one has suffered a serious injury or loss caused by medical malpractice, medical negligence, or medical mistake, please contact our MedicalMalpractice.Pro Team to arrange a free and confidential consultation.

What Kinds of Medical Malpractice Claims Has Your MedicalMalpractice.Pro Team Prosecuted? Why Does Connecticut Law Require Money Damages as Compensation When a Person is Injured by Medical Malpractice? What Are Economic Damages Under Connecticut Medical Malpractice Law When a Person Survives the Medical Malpractice? What Can Be Compensated as Economic Damages Under Connecticut Medical Malpractice Law When the Victim Survives the Malpractice? What Are Non-Economic Damages Under Connecticut Medical Malpractice Law When a Person Survives the Malpractice? What Can Be Compensated as Non-Economic Damages Under Connecticut Medical Malpractice Law When the Victim Survives the Malpractice? What is a Wrongful Death Medical Malpractice Claim? Why Does Connecticut Law Require Money Damages as Compensation When a Person Dies as a Result of Medical Malpractice? What Are Economic Damages Under Connecticut Law When the Victim Dies as a Result of the Medical Malpractice? What Can Be Compensated as Economic Damages Under Connecticut Law in a Connecticut Wrongful Death Medical Malpractice Claim? What Are Non-Economic Damages Under Connecticut Law When the Victim Dies as a Result of the Medical Malpractice? What Can Be Compensated as Non-Economic Damages Under Connecticut Law in a Connecticut Wrongful Death Medical Malpractice Claim? Can a Spouse Recover Compensation for Loss of Consortium Damages Caused by Medical Malpractice? Who Gets the Recovery in a Wrongful Death Medical Malpractice Claim When the Deceased Person Had No Will? Who Gets the Recovery in a Wrongful Death Medical Malpractice Claim When the Deceased Person Had A Will? What is the Certificate of Good Faith Requirement with Regard to Medical Malpractice Claims in Connecticut? What is the Statute of Limitations and Why is it Important? What is the Deadline for Filing a Lawsuit for Medical Malpractice Committed in Connecticut? What is the Statute of Limitations for Filing a Connecticut Medical Malpractice Action When the Victim Does Not Die from the Medical Malpractice? What is a 'Period of Repose' and Does It Affect the Deadline for Filing a Connecticut Medical Malpractice Action When the Victim Does Not Die from the Medical Malpractice? What is the Statute of Limitations for Filing a Connecticut Medical Malpractice Action When the Victim Dies from the Medical Malpractice? How Does the 'Period of Repose' Affect the Deadline for Filing a Connecticut Medical Malpractice Action When the Victim Dies from the Medical Malpractice? What is 'Tolling' and How Might it Extend the Statute of Limitations for Filing a Connecticut Medical Malpractice Claim? Can the Statute of Limitations for Bringing a Connecticut Medical Malpractice Claim Be Extended by 90 Days? How is Venue Determined for a Connecticut Medical Malpractice Claim Filed in State Court? When is Ansonia-Milford the Proper Venue for a Connecticut Medical Malpractice Claim? When is Danbury the Proper Venue for a Connecticut Medical Malpractice Claim? When is Fairfield the Proper Venue for a Connecticut Medical Malpractice Claim? When is Hartford the Proper Venue for a Connecticut Medical Malpractice Claim? When is Litchfield the Proper Venue for a Connecticut Medical Malpractice Claim? When is Middletown the Proper Venue for a Connecticut Medical Malpractice Claim? When is New Britain the Proper Venue for a Connecticut Medical Malpractice Claim? When is New Haven the Proper Venue for a Connecticut Medical Malpractice Claim? When is New London the Proper Venue for a Connecticut Medical Malpractice Claim? When is Stamford-Norwalk the Proper Venue for a Connecticut Medical Malpractice Claim? When is Tolland the Proper Venue for a Connecticut Medical Malpractice Claim? When is Waterbury the Proper Venue for a Connecticut Medical Malpractice Claim? When is Windham the Proper Venue for a Connecticut Medical Malpractice Claim? What Five Steps Can I Take as a Patient When Dealing with a Hospital or Physician to Assure Safer Health Care? What Are Medical Errors? What Are 20 Tips That I Can Use To Help Prevent Medical Errors During Medical Care and Treatment? What Are 20 Tips That a Parent Can Use To Help Prevent Medical Errors in the Care and Treatment of Children? Are There Special Notice Requirements for Bringing a Medical Malpractice Claim Against the State of Connecticut?
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