Medical malpractice lawsuits result from the negligence of a doctor, hospital, or another healthcare professional that causes harm to a person under their care. These cases often occur when a doctor misdiagnoses a patient or treatment errors lead to severe injuries. That said, not all patients who sustain damages from medical procedures have cause for a malpractice claim.
When filing a medical negligence claim, you must present evidence that demonstrates a physician failed to administer the standard of care you deserved. This proof must also show that your treatment or procedure caused significant damages and losses. Fortunately, a capable personal injury attorney has experience helping people in situations like yours. Reach out to a seasoned Thomaston medical malpractice lawyer to find out if you have a cause for legal action.
Requirements for Filing a Medical Malpractice Claim
All civil lawsuits are complex and carry many challenges that plaintiffs must overcome to recover compensation successfully. Unfortunately, suing healthcare providers for carelessness includes overcoming additional hurdles, as Connecticut regulations require plaintiffs to complete specific steps before filing their claims.
Under Connecticut General Statutes § 52-190a, petitioners must prepare a Reasonable Inquiry Certification before proceeding with an action for medical malpractice. Completing the procedure includes research, meeting with medical professionals, and drafting the document for court review.
This certification aims to establish that a claimant made a reasonable effort to determine that the medical provider’s actions were negligent and demonstrate that a medical malpractice action exists. The Reasonable Inquiry Certification requirements include the following:
- A healthcare professional practicing in the same field of medicine must provide a written and signed statement explaining that a plaintiff sustained injuries because of medical malpractice
- The same provider must include details to support their opinion
- The plaintiff must file the certification with the civil court when they file the lawsuit
If the party filing suit fails to file the certification or the affidavit is missing information, the court could dismiss the case without hearing arguments. Fortunately, a hardworking Thomaston lawyer could gather the information pertaining to medical wrongdoing promptly to avoid delays in the civil court procedure and get a positive case result as quickly as possible.
The Deadline for Filing Civil Lawsuits for Medical Malpractice
Every state has legislation establishing the time limit to commence legal action and recover damages for negligence. For example, under the Connecticut General Statute § 52-584, claimants have two years from the date of their injury caused by a medical provider. Some patients do not discover that they sustained damages during a medical procedure until many years after their injury.
In these cases, injured people must file suit two years after they reasonably discover they suffered injuries. State law also allows for a 90-day extension to complete the Reasonable Inquiry Certification when awaiting information.
That said, the maximum allowable time for filing medical malpractice lawsuits is three years. Unfortunately, if a plaintiff fails to meet the statute’s time limit, they lose the ability to recover damages from the negligent healthcare professional or medical facility. A diligent attorney in Thomaston is familiar with the civil filing requirements and could handle the legal work on a plaintiff’s behalf to ensure they have the best chance for financial recovery.
Call a Seasoned Medical Malpractice Attorney in Thomaston
Most people seeking care from a healthcare professional feel confident they are safe and in good hands. However, sustaining injuries at the hands of a negligent doctor or other healthcare professional is often shocking and can have devastating consequences.
A civil lawsuit could allow you to hold the provider legally and financially accountable and help you get the quality medical care you need and deserve. Schedule a meeting with an experienced Thomaston medical malpractice lawyer today if you think you suffered injuries after seeing a negligent provider.
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