Medical Malpractice Attorney In Cheshire, CT
We trust our doctors and other healthcare providers to have our interests in mind and act with professionalism in all their dealings. Unfortunately, that trust can be misplaced. If your doctor or another medical professional acted negligently and that led to an injury or illness, you could be eligible to file a claim and receive compensation. Speak with a Cheshire medical malpractice lawyer right away.
Trust Williams, Walsh & O’Connor, LLC
The team at Williams, Walsh & O’Connor, LLC, has extensive experience in helping clients with their personal injury claims. We’ve successfully assisted countless clients with filing medical malpractice claims against local doctors and hospitals, such as the Medical Care Center on Highland Ave. Let us leverage our understanding of medical malpractice laws to help you hold your doctor accountable for their negligence.
Why Hire a Medical Malpractice Lawyer?
A 2021 report concluded that of the 2,679 total claims closed in Connecticut over the past five years, 1,413 were resolved in favor of the plaintiff and the other 1,266 were resolved in favor of the defendant. The average payout to claimants was $844,186. There are two key pieces of information we should take from this study: it can be difficult to win a medical malpractice case, but if you can file a successful claim with the assistance of a knowledgeable lawyer, it may be worth the effort.
There is an easy way for you to maximize your chances of success. You can hire a medical malpractice lawyer to help you with all aspects of filing your claim, from filling out paperwork to gathering evidence to support your case. Your lawyer can also represent you in court if yours is one of the 85% of claims that close with payments to the plaintiffs following court involvement.
What Is Medical Malpractice?
Not all instances of poor healthcare outcomes indicate medical malpractice. The term is defined fairly narrowly as the commission of an avoidable negligent act by a healthcare professional while providing medical care that leads to a personal injury or wrongful death.
For a medical malpractice claim to succeed, it must prove four major elements of negligence:
- Duty of care. Your doctor owes you an implicit duty of care, so proving this point is usually a simple matter of showing that you were a patient at the time the incident occurred.
- Breach of duty. You must prove that your doctor acted in a way that was not in keeping with how another equally trained medical professional might reasonably be expected to act.
- Causation. Your doctor’s negligence must directly lead to a personal injury or wrongful death to be considered malpractice. This can be measured using the legal doctrine of proximate cause or the “but for” test. This test considers what would have occurred had there not been an act of negligence committed.
- Damages. You must suffer economic or non-economic damages as a result of the personal injury or wrongful death.
Your Cheshire medical malpractice attorney can help you build a case that proves these four essential points. Your case may require the collection of evidence, interviewing witnesses, and potentially hiring professional witnesses to testify to certain elements of your claim.
The Importance of Medical Records in Building Your Case
You’ll need to provide evidence in support of your claim of negligence. Medical records typically play a crucial role in supporting malpractice claims. If you’re having difficulty retrieving your records, you should know that your healthcare provider is legally obligated under HIPAA to give them to you upon the signing of a release form. In wrongful death cases, the deceased’s personal representative can access the records.
FAQs
What Are the Odds of Winning a Medical Malpractice Case?
The odds of winning a medical malpractice case vary depending on the particulars of your claim. Trial success rates are low, but many cases settle outside of court. Whether your claim is successful can depend on how strong your evidence is and how much experience your lawyer has in the realm of medical malpractice.
How Much Does a Lawyer Cost for Medical Malpractice?
How much a lawyer costs for medical malpractice depends on the specifics of your claim. It generally costs less to resolve a simple claim outside of court than it does to go to trial with a complex claim that requires professional witnesses to prove negligence. The good news is that most medical malpractice attorneys operate on a contingency fee basis, which means they may be paid out of your compensation package if, and only if, you win.
Is It Worth Suing for Medical Malpractice?
It is worth suing for medical malpractice if you have reason to believe and can prove that a doctor or another medical professional acted negligently and that caused your personal injury. Medical malpractice cases can be difficult to win, but with strong evidence, you may be able to recover compensation. If you’re not sure about the strength of your claim, contact a Cheshire medical malpractice attorney to discuss it.
What Are the Things That You Must Prove to Win a Medical Malpractice Suit?
The things that you must prove to win a medical malpractice suit are the four elements of negligence. You must prove that the doctor owed you a duty of care, that they did not uphold it, and that their failure led directly to your injury. You must also be able to show that you suffered actual harm as a result of the doctor’s malpractice.
Your Cheshire Medical Malpractice Lawyer
There are few things more difficult than facing a serious injury or illness. If yours was caused by a doctor or another medical practitioner, you can work with a Cheshire medical malpractice lawyer to recover compensation for your pain and suffering. The team at Williams, Walsh & O’Connor, LLC, can help. Our attorneys have over 150 years of combined legal experience, so you can trust us to assist you with your medical malpractice claim. Contact us to get started.
