Do you believe that medical malpractice occurred, and that you or a loved one suffered a serious injury from the malpractice?  Many people assume that they have a valid case of medical malpractice.  In Connecticut, the rule is that you cannot bring a case without a written opinion from a doctor that malpractice has occurred.  Therefore, regardless of whether you believe that medical malpractice has occurred, you cannot bring a case unless and until you have your case reviewed by a qualified doctor who can give an opinion that malpractice has occurred.  

How do you actually go about getting your case reviewed to determine if you have a valid medical malpractice case in Connecticut?

Assume you live in Shelton, Connecticut or anywhere in the greater New Haven area.  Assume also that you believe that the emergency room doctor or family physician failed to diagnose a heart attack or stroke?  The first step is to gather the records.  So, if you are in the New Haven area, and you treated at Yale New Haven Hospital then you should first gather all of your records from Yale New Haven Hospital, and all of the records from the treating family doctor, and cardiologist.  Next, you will have to find a doctor that is of the same speciality as the defendant to review the case, and offer an opinion.  Only if you get an opinion that medical malpractice has occurred, can you proceed with your case. 

There are also additional hurtles that you must also overcome, like proof of damages.  You must prove your harms and losses (damages), and you must specifically prove that your harms and losses (damages) were caused from the medical malpractice.  In the context of a failure to diagnose a heart attack you will be forced to examine whether, if a proper diagnosis was made, the heart attack or stroke could have been prevented.  If the malpractice caused the death of a loved one, then a wrongful death case can be brought.  If death did not occur, and your loved on suffered a brain injury, then an evaluation of the brain injury must occur to evaluate the brain injury itself, and the life-long care your loved one will need.   All of these parts of case must be evaluated by qualified medical and damage experts to asses the full extent of the harms and losses suffered by your loved one.  

Where can you find help?  If a loved one has suffered a heart attack or stroke, and if you believe that it could have been prevented if a correct diagnosis was made then you might have a valid medical malpractice case.  If you have a medical malpractice case and wish to bring a medical malpractice lawsuit in Connecticut then you can receive help by calling the medical malpractice lawyers at The Bartinik Law Firm, P.C.  Our main office is in Groton, Connecticut and we handle cases throughout Connecticut.  So, for your convenience we have offices in the greater New Haven area (Shelton, CT) and the greater Hartford area (East Berlin, CT) also.


Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut