Connecticut is among the top ten States in the United States most affected by medical malpractice cases. These cases are often complex, and navigating them can be challenging. As a victim or a relative of the victim, you most likely don’t know the legal process for filing a claim. You might even be doubtful on whether you have a claim or not. Consulting a Connecticut malpractice attorney can help you overcome these legal complexities. Read on as this blog covers the legal process and requirements for filing medical malpractice claims in Connecticut.
Pre-Litigation Requirements
Before you can file a medical malpractice lawsuit in Connecticut, you must meet certain pre-litigation requirements. You’ll need to get a written opinion from a similar healthcare specialist. The goal is to provide a reasonable basis for the claim.
You can reach out to a Connecticut malpractice attorney for help meeting these requirements. The lawyer will also guide you on the deadline for filing the claim.
Filing the Lawsuit
After meeting the pre-litigation requirements, the next step is to file the malpractice with the appropriate court in Connecticut. You’ll need to provide a formal complaint that showcases the specific allegations of negligence. The complaints should also offer a detailed explanation of how the defendant breached the standard of care. You’ll need to provide proof of the correlation between injuries suffered and the breach of care.
The lawsuit should also include the damages, both economic and non-economic. As a victim, you might struggle to quantify damages such as pain and suffering. That’s why it can be wise to seek the help of the best Connecticut malpractice attorney. The lawyers have handled other similar medical malpractice cases and can assist you in determining the value of your claim.
Discovery Phase
The discovery phases entail the sharing of relevant information and evidence by both parties. It can include sharing the patient’s treatment history, medical reports, expert witness reports and depositions of witnesses. The purpose of this phase is to promote transparency and thoroughness in the legal process. It ensures both sides collect the information and evidence they need to support their legal positions.
Settlement or Trial
Most medical malpractice claims in Connecticut are settled outside the courts. Your lawyer will negotiate with a liable party seeking fair compensation for the injury suffered. Settlements are often fast and inexpensive, and that’s why both parties prefer them in many instances.
However, in some situations, the parties fail to settle, and when this happens, the next step is to go to trial. You should be prepared for this eventuality by involving the best Connecticut malpractice attorney from the start. The lawyer will handle the settlement negotiations on your behalf. They’ll advise you on when to go to trial and help you find reliable experts to testify in court.
Conclusion
Understanding the above legal process can be essential if you’re planning to file a medical malpractice claim in Connecticut. Know beforehand the legal requirements and how to meet them. Make things easy for yourself and your family by seeking the legal guidance of the top Connecticut malpractice attorney.