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Connecticut Medical Malpractice Attorney – Investigating Malpractice

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

If you have been involved in some type of medical malpractice case where you have received a significant permanent injury or injuries in some hospital in Connecticut then you need to get the advice of an experienced Connecticut medical malpractice attorney at the earliest possible moment. There are many things that need to be done to properly investigate a potential Connecticut doctor malpractice, emergency room malpractice, hospital malpractice, physician malpractice or medical malpractice case. If you wait too long before getting the advice of an experienced Connecticut medical malpractice lawyer then you may compromise your case and or you might not be a position to proceed due to the amount of time that you have waited.

Connecticut hospital and medical malpractice cases can occur at any of the following hospitals: Backus, Bridgeport, Bristol, Charlotte Hungerford, Connecticut Children’s Medical Center, Danbury, Day Kimball, Gaylord, Greenwich, Griffin, Hartford, Hospital for Special Care, St. Raphel, Johnson Memorial, Lawrence and Memorial, Manchester Memorial, Middlesex, Midstate Medical Center, Milford, Mount Sinai, New Milford, Norwalk, Rehabilitation Hospital of Connecticut, Rockville General, St. Francis, St. Mary’s, Sharon, St. Vincent’s, Stamford, the Hospital of Central Connecticut, University of Connecticut Health Center, Waterbury, Wyndham, and Yale New Haven hospitals. if you have been injured in any of these hospitals or in any other Connecticut healthcare facility then you need to contact us right away.

One of the issues that will need to be addressed in any potential Connecticut medical malpractice case is whether the treating physician or medical provider breached the standard of care in the treatment that was rendered to the injured party. This process will generally involve getting the injured party’s medical records and then having them reviewed by a doctor in the same area of specialization as the allegedly offending doctor who is being accused of medical malpractice. There are very few cases when a Connecticut medical malpractice lawyer can review the facts of your case with you and advise you as to whether or not there is actionable malpractice. Generally, this is because the opinion of a medical professional will be needed in order to make that determination.

If you believe that you have been the victim of some type of malpractice involving a hospital, Dr., healthcare facility, nurse, nursing home, physician or other health-care provider then you need to contact us at the earliest possible moment. You can call our toll-free number at 888-842-8466 and speak with one of our experienced Connecticut attorneys right away. If it appears that you have a potentially viable Connecticut medical malpractice case, then we will schedule an appointment where we can review the facts of your case with you in detail, with an experienced Connecticut medical malpractice lawyer, to determine if this is a case that we might be in a position to attempt to assist you with. Do not wait until it is too late. Call today and get this very valuable information right away. There is no cost or obligation in getting this information.

CT Supreme Court Orders New Trial in Medical Malpractice Case: Doctor’s Expert’s Inflammatory Statements Denied Plaintiffs’ a Fair Trial

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

This week the Connecticut Supreme Court, in the case of Pin v. Kramer, agreed with the decision of the CT Appellate Court and ordered a new trial in a medical malpractice case. The reason for ordering a new trial is the result of the prejudicial remarks made by the defendant doctor’s medical expert who testified at trial that medical malpractice lawsuits drive up the cost of health care by forcing doctors to practice defensive medicine and increase medical malpractice  insurance premiums from the proliferation of medical malpractice claims in CT.

The plaintiffs sued the defendants alleging negligence in the physician’s surgical treatment of a spinal tumor suffered by the plaintiff. The plaintiffs contended that, because of the doctor’s negligence, the plaintiff was required to undergo two additional spinal surgeries which caused him to suffer from unnecessary pain, emotional distress and increased physical limitations and risk of future back problems.

At trial, a major claim of malpractice was whether the standard of care required the surgeon to order additional radiological tests, such as X rays, CT scans or MRI scans, prior to performing the first surgery, in order to determine whether the tumor had changed since it was first detected.

The defendants’ medical expert, Todd Albert, an orthopedic surgeon, testified that ‘‘the standard of care did not require additional radiology tests,’’ but then ‘‘explained why he would have ordered such tests had he been the treating physician. Dr. Albert explained: “Well, a few reasons. One, I am with residents, fellows, and medical students all the time. So, we are ordering a lot of tests on everything so they have the opportunity to read them. And you could say, oh, that’s wasteful, but that is part of being at a teaching institution. One. It is for teaching purposes as much as anything, for they have one more chance to look at just one more—they have another dot in their exposure.”

‘The second reason is much different than in this part of the country and this state. I live in the worst malpractice community in the world. And . . . we practice a lot of defensive medicine. So, we order way more tests than are necessary to protect ourselves. And that’s just a fact. And so we get acclimated to practicing like that.”

The plaintiffs, thereafter requested a mistrial. The trial court denied the plaintiffs’ request. Thereafter the jury returned a verdict for the doctor and the appeals followed.

The CT Appellate Court concluded that the trial court’s ‘‘failure to issue a curative instruction in the face of Albert’s inflammatory and prejudicial testimony was an abuse of discretion that likely influenced the jury’s deliberations. Although the improper statements by Albert were not pervasive, they introduced a highly controversial and legally improper issue into the case.” The CT Supreme Court agreed stating  “We conclude that the plaintiffs were harmed and were deprived of their right to a fair trial.”

A new trial was then ordered. What do you think about the expert’s comments and the CT Supreme Court’s decision ordering a new trial?

Richard P. Hastings is a Connecticut personal injury lawyer at Hastings, Cohan & Walsh, LLP, with offices throughout the state.  A graduate of Fordham Law School, he has been named a New England Super Lawyer and is the author of the books: “The Crash Course on Child Injury Claims”; “The Crash Course on Personal Injury Claims in Connecticut” and “The Crash Course on Motorcycle Accidents.”  He has also co-authored the best selling book “Wolf in Sheep’s Clothing- What Your Insurance Company Doesn’t Want You to Know and Won’t Tell You Until It’s Too Late!” He can be reached at 1(888)CTLAW-00 or by visiting www.hcwlaw.com.

Hospital Errors and Mandatory Reporting: Why The Majority of Medical Malpractice Cases Go Unreported

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

Even though medical error reporting is mandated, oftentimes such incidents go unreported.

According to a report just released by the Office of Inspector General, in the US Department of Health and Human Services, approximately 86% of patient errors in hospitals are never reported and do not make their way into the databases of incident reporting systems, which were designed to improve the quality of patient care.

As a condition of participation in the Medicare program, hospitals must keep track of and analyze incidents of patient harm. The incident reporting systems are a common method that hospitals use to satisfy this requirement.

A previous report from 2010 found that 13.5% of Medicare beneficiaries experienced “adverse events”, which is a term used to describe harm to a patient as a result of medical care. These adverse events, during their hospital stays, resulted in extended hospitalizations, required life-sustaining intervention, caused permanent disabilities or resulted in the death of the patient.

The reason stated as to why the hospital staff did not report these events to the incident reporting systems was partly due to staff misunderstandings about what constitutes patient harm. Additionally, hospital administrators classified 86% of the unreported events as either events that the staff did not think needed to be reported (62%) or that the staff commonly reported but did not report in this situation (25%).

The report further found that nurses, not doctors, most often reported adverse events, which were typically identified through their regular course of care of the patient.

Of the hospitals sampled, all had incident reporting systems to record events and hospital administrators stated they relied heavily on their systems to identify problems. However, hospital accreditors reported that in determining and evaluating hospital safety practices, they relied more heavily on how event information is used rather than how it is reported.

The results of these studies, investigations and interviews led to the report entitled “Hospital Incident Reporting Systems Do Not Capture Most Patient Harm.”

If you or a loved one is hospitalized, do not blindly place your trust in the medical professionals providing your care and treatment. One of the lessons to be learned from this information is that if you or a loved one is hospitalized have a patient advocate, a family member or friend who is there to assist the patient and who can be with the patient as much as possible. Above all, ask questions, voice your concerns and make sure you understand everything so you can do your part to actively participate in getting better and hopefully prevent needless adverse events.

Have you been injured by an Accident or Medical Malpractice in Connecticut?

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

If you have been injured in a Connecticut accident or if you have been the victim of medical malpractice, chances are, you need the services of an experienced CT injury attorney. People who are considering making a claim for personal injuries lawsuit usually contact, either through our online form, by calling us or by visiting us in our office, seeking answers to certain basic questions. A few of the main concerns most commonly voiced by current, new, or prospective clients are:

 

 

HOW DO I KNOW IF I NEED THE SERVICES OF A CONNECTICUT LAWYER?

You probably will need the services of an experienced CT accident and injury lawyer if you have been seriously injured or wronged in some way, as a result of an accident, medical malpractice, a defective product, a slip and fall, a dog bite, a sports injury, or through some other cause.  We always provide people with a  free consultation, either in person or on the phone,  to get a better understanding of the facts of your particular case and to advise you of your legal rights. We can also advise you as to what you should be doing to help maximize the value of your case. Not every person that is injured needs to hire a personal injury attorney and if we feel you do not need the services of a lawyer we will let you know that fact and what you should do. However, every person who is injured should consult with an accident lawyer so you can have your rights fully explained to you and you understand what you need to do and what you should not be doing.

 

 

WHY SHOULD I CONSIDER RETAINING A CT ATTORNEY TO REPRESENT ME INMY ACCIDENT OR INJURY CASE?

There is one very good reason to hire an experienced CT accident and injury lawyer; more money for you!  An insurance-industry research institution studied accident and injury claims handled by the injured person without being represented by a lawyer vs those cases that were handled by attorneys.  The study determined that those represented by attorneys had a higher net recovery for themselves (more money in their pocket after attorney’s fees and costs) than those without attorneys.

 

Our experienced team of CT injury and accident attorneys provide you with the advantage of representation by skilled professionals whose experience and insight enable you to equal the playing field when dealing with insurance companies and major corporations to help maximize the amount of money you can recover.  Having Hastings, Cohan & Walsh, LLP involved in your case allows you to focus on recovering from your injuries and getting better while we focus on holding the responsible party or parties liable for your injuries and damages.

 

Put our decades of legal experience to work for you. Let our Harvard
Law School trained negotiator deal with the insurance company. Let us worry
about your case so you can do everything you need to do to get better. The
call, the book and the consultation are all FREE. Call us at (888) 842-8466.
Visit us at www.hcwlaw.com and get additional information or tell us about
your case online. We’ll deal with the insurance company, you concentrate on getting better!

Notice Provision Must Be Complied With on a Timely Basis

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

Your Connecticut car accident case can completely overwhelm you.
What should you do? What should you not do? Have you done anything to harm
your case? How will this case be investigated? Contact us today so we can
get you a FREE copy of our book “The Crash Course On Personal Injury Claims
in Connecticut” so you can get all of your questions answered.

You should be aware that studies have shown that experienced lawyers can negotiate settlements and obtain judgments that are many times higher than what the injured parties can negotiate for themselves.   In other words, in most cases, you will do better after paying the lawyer than you would if you attempted to negotiate your own settlement with insurance company claims adjusters. Your personal injury case could be fraught with many different complications and issues which would make handling your case without hiring a lawyer very difficult. An example of one of those types of issues might include:

NOTICE PROVISIONS

There are also certain notice provisions that have very short limitation periods, especially those that relate to local, state, or federal governmental entities.  In certain circumstances, if you do not comply with the statutory notice provisions, you may lose the right to file your lawsuit even if you act within the applicable statute of limitations period.

The statute of limitations in any particular case may be somewhat difficult to calculate, because a claim may involve different causes of action against different defendants.  Once you miscalculate when the statute has run or fail to properly provide statutory notice, your claim may be forever barred despite its validity or the extent of your damages.

Call us today to speak to us about your case. Our
consultations are FREE. We can help answer your questions and we can put you
at ease so you know what you need to be doing. We will even send you our
book, “The Crash Course on Personal Injury Claims in Connecticut” for FREE.
There is no obligation, so call us at (888) 842-8466 today; even the call is
FREE.

WHAT COMPENSATION MIGHT I RECEIVE IF MY PERSONAL INJURY CLAIM IS SUCCESSFUL?

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

If you have been injured in some type of accident, been attacked by an animal, received some type of personal injury or been the victim of medical malpractice in CT then one of your first questions will be what money are you entitled to recover from the person or persons who caused your injuries. So within the first two minutes of a telephone call or new client interview we will be asked:

WHAT COMPENSATION MIGHT I RECEIVE IF MY

PERSONAL INJURY CLAIM IS SUCCESSFUL?

Usually, a person who is liable for an injury—which generally means his or her liability insurance company—must pay

an injured person for:

·         Past and future medical care and related expenses

·         Past and future income lost because of the accident

·         Permanent physical disability or disfigurement

·         Loss of family, social and educational experiences

·         Emotional damages, such as stress, embarrassment, depression,

or strains on family relationships

·         Damaged property

 

You will be awarded “damages,” or compensation, which is money intended to restore you to the position you were in before your injury.  This money is not considered income (excluding monies paid for loss of income) and is not taxable as income by the federal government or state.

 

If you or someone you know has received serious injuries cause by the fault of another then you should have lots of questions that need to be answered right away so you do not do anything to unwitting harm your case. We have made it very easy for injured people to get these answers. If you would like to get our FREE book and read it in the privacy of your home then go to our website at www.hcwlaw.com and order our book “The Crash Course on Personal Injury Claims.” If you would like to call us and get answers over the phone call us toll free at 888.842.8466 or if you would like to come in for a free no obligation consultation call our toll free number. We are here to help you and want you to have several different ways of getting this important and valuable information.