Surgical Malpractice
If you or someone you know has been the victim of a surgical malpractice in Connecticut, we may be able to assist you with your potential claim. We will arrange to advance all fees and expenses for your case including hiring experts to strengthen your case. Once the case is concluded, we will be reimbursed for costs out of the recovery. If no recovery is reached, you do not owe anything for the costs and expenses, which will be absorbed by us. All cases are handled on a contingency fee basis, which means you do not pay us until we recover money for you.
1. What is a Surgical Malpractice Case?
Surgical errors, resulting in medical malpractice, are negligent medical mistakes that occur in the time period between when a patient is taken in for pre-operative care, undergoes surgery and receives care post-operatively.
Surgical mistakes can be attributed to many factors, including staff reductions.
Surgical malpractice does not just happen in complicated surgeries such as heart or brain operations, they may occur during what is considered routine surgery, for example, a tubal ligation.
A press release from the Center for Medicare and Medicaid Services dated May 19, 2006 gives insight to the prevalence of these medical errors. The press release's definition of surgical errors is as follows:
"According to the National Quality Forum (NFQ), 'never events' are errors in medical care that are clearly identifiable, preventable and serious in their consequences for patients...".
For an event to be included on the National Quality Forum's "never event" list, the mishap had to have been unambiguous, usually preventable, serious (as in death or loss of body part) and an adverse indication of a problem within the heath care facility or important in relation to public credibility or accountability.
2. What are some Causes of Surgical Malpractice?
- Surgery on the wrong body part
- Surgery on the wrong patient
- Wrong surgical procedure
- Death of an otherwise healthy patient during surgery or immediately post-operative
If you have suffered serious disability or lost a loved to a surgical error, it is important to contact us as soon as possible.
3. If I Have A Surgical Malpractice Case What Should I Do?
We will be able to hire a team of experts that can assist in the development of your care which, depending on your case, can range from a private investigator, to doctors, to economists.
4. How is Liability Determined?
The critical issue in many medical malpractice cases is just how a "reasonable person" would be expected to act in the situation that caused the injury. A doctor is negligent when he or she fails to act like a "reasonable person" and this conduct deviates from the standard of care. Whether a given person has met the 'reasonable person standard" is often a matter that is decided by a jury after the presentation of evidence and argument at trial. This is one of the many reasons why you should contact us as soon as possible so we can start to investigate and develop your case.
5. What Compensation Might I Receive If My Case is Successful?
Usually, a doctor, hospital or other health care provider who is liable for an injury--which generally means his or her liability insurance company--must pay an injured person for:
- Past and future medical care and related expenses
- Past and future income lost because of the accident
- Permanent physical disability or disfigurement
- Loss of family, social, and educational experiences
- Emotional damages, such as stress, embarrassment, depression, or strains on family relationships
- Punitive Damages (In Extraordinary Cases)
You will be awarded "damages," or money intended to restore you to the position you were in before your injury. This money is not considered income (excluding monies paid for loss of income) and is not taxable by the federal government or state.
6. How Do I Go About Getting Experts To Help Me With My Surgical Malpractice Case?
We will be able to hire a team of experts that can assist in the development of your case, which, depending on your case can range from a private investigator, to doctors, to economists.
7. Who Will Pay The Expenses of Hiring All Of These Experts?
Our firm will advance all costs and expenses of your case as they are incurred. Once the case is concluded, we would be reimbursed for our costs out of the recovery. If there is no recovery, you will owe nothing for the costs and expenses, which will be absorbed by us. Additionally, you only pay us once you receive a settlement or award.
8. Do Any of Your Attorneys Have Any Specialized Training or Awards?
One of our attorneys has received Advanced Negotiation Training at the Harvard Law School and is a member of the Million Dollar Advocates Forum which is one of the most prestigious groups of trial lawyers in the U.S. For additional information please see our attorney biographies.
9. Why Should I Hire Hastings, Cohan and Walsh, LLP to Represent Me?
Because we are passionate about what we do and have decades of experience in representing Connecticut accident victims. Before you hire a lawyer, speak to an insurance adjuster, or sign any paperwork, order a copy of our free book "The Crash Course on Personal Injury Claims in Connecticut."
If you or someone you know has been injured due to a surgical malpractice, you should contact us as soon as possible. Don't delay in consulting us so we can get to work for you right away.
Please call us at 1-888-842-8466 or complete our online form on the right hand side of this web page and tell us about your case.
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