CONNECTICUT MEDICAL MALPRACTICE LAWYER/ DENTAL MALPRACTICE ATTORNEY

We depend on doctors, dentists, physical therapists, nurses and other health care providers to provide the health care we need. Most health care providers provide excellent health care services. However, when a physician, dentist or other medical care provider is negligent and makes a mistake, serious financial consequences, pain, personal injury or even death can result. Where a physician or dentist commits medical or dental malpractice by deviating from the standard of care, you need a Connecticut medical and dental malpractice injury lawyer like attorney Peter Rotatori, III of The Rotatori Law Firm to help you recover money damages for medical bills, wage loss, pain and permanent injury.

To prevail in a medical or dental malpractice case, the injured patient plaintiff must prove the medical or dental standard of care, a deviation from that standard of care by the health care professional and a causal connection between the deviation and the injury. A medical malpractice or dental malpractice case requires thorough fact investigation, the proper mirror imaged medical expert on liability, a causation medical expert, thorough depositions and exhaustive trial preparation.

Attorney Peter Rotatori, III of The Rotatori Law Firm will investigate the facts, find the right medical experts, take adverse depositions and try an exhaustive medical malpractice case to verdict if required. Many medical malpractice experts that testify in Connecticut courts are found in New York City at some of the finest medical centers and hospitals found in the country. Many of our dental malpractice experts are found in The State of Connecticut which has some of the finest dental practitioners.

The following types of cases, although not exhaustive, may warrant investigation:

• a mammogram performed with too much compression or at an improper angulation resulting in severe permanent breast pain and permanent breast injury;
• a failure to diagnose cancer which increases a patients risk of death, or even results in death;
• inadequate emergency room care resulting in serious medical complications or death;
• overly aggressive dental bridge extraction performed by a dentist resulting in permanent nerve injury to a patient's mouth and face;
• improper dental drill performance resulting in nerve damage, and facial scarring;
• a failure to properly deliver a child that results in permanent birth defects ;
• leaving a surgical instrument in a patient;
• a failure to disclose an alternative method of medical or dental treatment or
• an inartfully performed "tummy tuck" by a plastic surgeon

Before a physician undertakes to treat a patient, a physician has a legal duty to disclose all known material risks of the procedure to the patient. A failure to do this is a breach of informed consent. This is a separate legal duty the physician owes the patient, over and above any duty the physician has to perform the medical procedure in an artful manner, up to the recognized prevailing standard of care.

Statute of Limitations in Medical and Dental Malpractice

Connecticut has a two year statute of limitations in medical and dental malpractice cases with a three year statute of repose. The statute of limitations under Conn. Gen. Stat 52-584 runs from the date the injury is first sustained or discovered or should have been discovered in the excercise of reasonable care. The statute specifically addresses both negligent conduct or reckless conduct. It references physicians, dentists, surgeons,podiatrists, chiropractors, hospitals, and sanatoriums.

The repose portion of Conn. Gen. Stat. 52-584 is the outer limit of the negligent action by the health care provider which preclude the claim. However, often it is not that simple. There are three legal doctrines which can toll the three year statute of repose. These legal theories are fraudulent cocealment of facts by a physician, continuing course of treatment by a physician where the act takes place over time or a continuing course of conduct by the health care provider. Because the application of these legal theories are fact specific, they require skilled legal analysis.

Where, however, the client discovers the injury or should have discovered the injury with the exercise of reasonable care, the "clock is running" and the applicable two year period is in effect. The legal theory to discover or should have discovered means to identify both the fact specific injury and that the specific injury was caused by the defendant physician's negligent conduct.

A follow up physician informally disclosing to a patient that a prior treating physician made substantial mistakes in performing a surgery would be one good example of discovering a prior physician's negligent conduct which results in the "game clock" running. Many clients are confused and think that they are not aware of wrongful conduct until the investigating lawyer secures a medical opinion from an expert that a breach of the standard of care has ensued. This would be incorrect.

Finally, an action resulting in wrongful death, whether instantaneous or otherwise, arising out of health care negligence, has a two year limitation of action from death with a five year repose provision under Conn. Gen. Stat 52-555. The damages recoverable under the statute are just damages for the injuries plus the cost of reasonably necessary medical,hospital services, nursing services and funeral expenses.

Contact Peter Rotatori, III of The Rotatori Law Firm at 203 264 3313 if you feel that you may have a medical or dental malpractice claim against a health care provider that warrants a fact investigation. The Rotatori Law Firm can assist you with your medical or dental malpractice case in the following Connecticut counties, cities and towns as noted below.