People depend on doctors, surgeons, physical therapists, nurses, and other healthcare providers to provide necessary medical treatment. Most healthcare providers provide excellent services; however, when a medical professional is negligent and makes a mistake, serious financial and physical consequences - or even death - can result.
When a physician or other medical professional commits medical malpractice by deviating from the standard of care, you need a Stamford medical malpractice lawyer from The Rotatori Law Firm to help you recover money damages for medical bills, wage loss, pain, and permanent injury.
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Connecticut has a two-year statute of limitations in medical malpractice cases and 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, discovered, or should have been discovered in the exercise of reasonable care. The statute specifically addresses both negligent conduct and 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 healthcare provider that precludes the claim; however, it is often not that simple. There are three legal doctrines that can toll the three-year statute of repose. These legal theories are the fraudulent concealment of facts by a physician; a continuing course of treatment by a physician where the act takes place over time; or a continuing course of conduct by the healthcare provider. Because the application of these legal theories is fact specific, they require skilled legal analysis.
An action resulting in wrongful death, whether instantaneous or otherwise, arising out of healthcare negligence, has a two-year limitation of action from death with a five-year repose provision under Conn. Gen. Stat. 52-555. The compensation recoverable under the statute includes damages for the injuries plus the cost of reasonably necessary medical care, hospital services, nursing services, and funeral expenses.
To prevail in a medical malpractice case, the injured patient must prove that there was a deviation from the medical standard of care by the healthcare professional and that there was a causal connection between the deviation and the plaintiff's injury. A medical malpractice case requires thorough investigation of the facts; the proper counterpart medical expert on liability; a causation medical expert; detailed depositions; and exhaustive trial preparation. Our Stamford medical malpractice attorneys at our personal injury law firm can handle your case.
Attorney Peter Rotatori III of The Rotatori Law Firm can investigate the facts, find the right medical experts, take adverse depositions, and try any exhaustive medical malpractice case to verdict if required. Many medical malpractice experts who testify in Connecticut courts are found in New York City at some of the finest medical centers and hospitals in the country.
The following types of cases, although not exhaustive, may warrant investigation:
Before a physician treats a patient, he or she has the legal duty to disclose all known material risks of the procedure to the patient. Failure to do so is a breach of informed consent. Informed consent is a separate legal duty that the physician owes the patient in addition to any duty that the physician has to perform the medical procedure in a skilled manner up to the recognized prevailing standard of care.
The Rotatori Law Firm can provide you with a Stamford injury attorney who understands the laws surrounding your medical malpractice case and who can work to recover the compensation that you need. Attorney Peter Rotatori III has more than 30 years of experience and has what it takes to go up against your doctor, surgeon, or hospital, as well as their insurance company. You need a skilled and knowledgeable lawyer by your side, so don't wait!
Contact us right away to get started on a claim.