Death from medical malpractice in Connecticut

Sudden accidents or crimes are not the only causes of death that lead to lawsuits. Medical care, even in routine situations, may result in the loss of a loved one. Family members in Connecticut may file a wrongful death action for medical malpractice.

However, simply because an injury or other problem occurred after a medical procedure does not indicate malpractice. Plaintiffs must prove the requisite standard of care existed, that a deviation from the standard of care occurred and show a causal connection between the deviation from the standard of care and the injury claimed in the lawsuit.

The standard of care for a healthcare provider defending against a lawsuit is the level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized by reasonably prudent and similar healthcare providers as being acceptable and appropriate. Expert testimony is usually required to establish the governing standard of care and whether the doctor breached that standard.

When commencing a medical malpractice action, plaintiffs must attach a certificate to their complaint that reasonable inquiry gave rise to a good faith belief that grounds existed for the lawsuit. This certificate has to be supported by a signed opinion by a healthcare provider indicating that there may be negligence and containing a detailed basis for that opinion.

Healthcare providers have defenses against medical malpractice cases. They may claim that the decedent was also negligent or that other parties are responsible. Healthcare providers may also claim that they are not liable under a Good Samaritan law.

Time periods restrict the time in which a medical malpractice case may be filed. Families of a deceased patient should get the right information in order to assure that their rights are protected in a lawsuit and that the numerous legal and expert obstacles in these cases are surmounted.

Source: Connecticut Judicial Branch Law Libraries, "Medical malpractice in Connecticut," assessed Aug. 25, 2014

Source: Connecticut Judicial Branch Law Libraries, "Medical malpractice in Connecticut," assessed Aug. 25, 2014

No Comments

Leave a comment
Comment Information
Email Us For A Response
    • Martindale-Hubbell Peer Rated for Ethical Standards and Legal Ability
    • 2018 Avvo Client Choice Award
    • Avvo Rated Best Attorney
    • Expertise 2020
    • National Trial Lawyers Top 100 Trial Lawyers
    • Lawyers Of Distinction 2019
    • 2020 10 Best Connecticut Attorney in Client Satisfaction
    • 10 Best 2015 - Client Satisfaction - American Institute of Personal Injury Attorneys (TM)
    • 2015 Top 10 Best Connecticut Law Firms
    • 10 Best 2015 - Client Satisfaction - 10 Best Law Firms - American Institute of Personal Injury Attorneys (TM)
    • 15 Years | Marquis Who's Who | Marquis Who's Who in American Law | Marquis Who's Who in America | Marquis Who's Who In the World | Marquis Who's Who In the Finance and Industry
    • Avvo - Rate your Lawyer. Get Free Legal Advice

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

Contact The Law Offices Of James L. O'Rourke Today

If you have been injured in an accident, our experienced personal injury attorneys will help you pursue the full compensation you deserve. To schedule a free consultation, contact us online or call 203-864-4427. We are ready to take your call 24/7. Evening and weekend appointments are available upon request, as are home or hospital room visits. Spanish translation services are available.

Office ${site.data.firmName}${SEMFirmNameAlt}

Stratford Office
1825 Barnum Avenue, Suite 201
Stratford, CT 06614

Toll Free: 800-658-1245
Phone: 203-864-4427
Fax: 203-377-2770
Stratford Law Office Map

Shelton Office
221 Nells Rock Road
Shelton, CT 06484

Toll Free: 800-658-1245
Phone: 203-864-4427
Fax: 203-377-2770
Shelton Law Office Map