Connecticut state laws that can affect a medical malpractice case are varied. Moreover, it can be confusing for some parties if they are exploring whether or not they might have cause to file a claim for medical malpractice or error. Like most states, Connecticut has a legal code that mandates a statute of limitations for a party’s eligibility to file a medical malpractice claim. However, there are exceptions that may apply to the statute of limitations depending on the circumstances of the case.

Standard Two Year Statute of Limitations

The standard deadline or statute of limitations gives a complainant two years to file a lawsuit. Missing the two-year window ends the ability to file a medical malpractice lawsuit unless one of the designated exceptions for missing the initial filing time period pertains to the case.

Discovery Rule Presents One Exception

The discovery rule applies as one of the potential exceptions to the initial or standard deadline. This rule pertains to situations where a complainant has not had the time or wherewithal to become aware that he or she might have a claim for the medical malpractice suit. In Connecticut, the discovery rule allows for the standard deadline of two years to begin once a party has had a reasonable amount of time to discover an injury related to the potential case of medical malpractice.

Other Exceptions

There are additional exceptions to the statute of limitations in Connecticut. Various circumstances of the case will potentially determine if a deviation from the statute limitations will be allowed. For instance, if a defendant moves to another state after the malpractice was committed or is found to have fraudulently concealed the malpractice, the statute of limitations may be modified.

Statute of Repose

Another element of the statute of limitations is known as the statute of repose. This is a definite deadline for malpractice suits to be filed, regardless of when a plaintiff discovered an injury that was caused by medical malpractice or error. In Connecticut, there is a three-year statute of repose for filing of medical malpractice claims—no matter when the injury was discovered.

In several states, a medical malpractice lawsuit will have a limit or cap on the total amount of compensation that can be recovered by an injured party. However, in Connecticut there is no such award of damages limit in a medical malpractice case.

Consult with a CT Medical Malpractice Attorney Today

If you suspect that you or a family member has been the victim of medical malpractice or error, please do not delay in consulting with a Westport personal injury attorney to discuss your case today. Attorney Richard H. Raphael has the knowledge and experience to manage your case so you can focus on recovery. Call 203-226-6168 today.

The American health care system is extraordinarily complex, therefore making it possible for medical malpractice and errors to occur throughout the entire patient process. However, nurses and other safety advocates claim that at least a quarter of these errors can be prevented with better coordination of the client care process. 

Digital Record Access

In a study recently conducted by the Gary and Mary West Health Institute, nurses claim that streamlining technology and creating automated, coordinated data records will improve patient safety and prevent medical errors that result from misinformation. In fact, almost half of the nurses surveyed for the study “estimated that 25 percent of medical errors and adverse events might be prevented if devices could share information seamlessly.” Being able to access a patient’s records digitally, as well as monitor and update a patient’s treatment and progress, can greatly reduce instances of medical malpractice. 

What Can You do to Ensure a Safe Hospital Stay?

When it comes to scheduling surgeries, reports suggest that the best time to schedule is in the morning and in the middle of the week. This better guarantees that a hospital’s staff will be fully rested and not overly taxed.

Patients are also encouraged to bring their list of current medications to doctors’ offices and hospitals. When checking in for surgery or care, a copy of one’s medication list should be added to a patient’s personal chart. Documentation will help to minimize medication and dosing errors.

Additionally, patients should immediately check their hospital wristbands for errors. Moreover, it is important for patients to request that all health care providers check their wristbands before moving forward with any procedure.

Finally, patients should have an onsite hospital advocate accompany them to help assess situations, ask important questions, and intervene if there are problems.

Consult with a Westport Medical Malpractice Attorney

Medical malpractice takes place at an alarming rate, but many medical errors can be prevented. If you or a loved one has suffered injury due to physician or hospital negligence, you may be entitled to compensation. Please contact an experienced Westport medical malpractice attorney to discuss your case today. Richard H. Raphael, Attorney at Law, is proud to protect the rights of patients by holding the health care industry accountable for providing the safest and best standards of care possible. Call 203-226-6168 today to schedule your appointment.

For most couples, there is nothing more exciting and wonderful than the birth of a child. After nine months of waiting, planning and anticipating, labor begins and a baby arrives.

The majority of the approximately 4 million births that occur in this county each year go fairly smoothly, with little or no complications. However, according to the results of a recent study, 13 percent of those births involve a major or serious complication. The study also found that rates of birth complications vary significantly in hospitals throughout the country.

The study was conducted by researchers from the University of Rochester, in Rochester NY, and published in the journal Health Affairs. The team analyzed 750,000 deliveries which were included in the Healthcare Cost and Utilization’s Nationwide Inpatient Sample from 2010.

When comparing rates of serious delivery complications between better- and lowest-performing hospitals, the study found the highest rate of complications occurred at the lower-performing facilities. This was quite evident, for example, in complications which occurred in cesarean section births. Some of these complications included clots, infections and lacerations, and were seen in 21 percent of the cesarean births performed at lower-performing hospitals. However, at better performing facilities, these complications only occurred at a rate of 4.4 percent.

This significant difference was also found in complications occurring in vaginal deliveries. Women who delivered at lower-performing hospitals had double the risk of suffering complications than women who delivered at better-performing hospitals. The rate difference was 22.6 percent, compared to 10 percent.

The American Congress of Obstetricians and Gynecologists (ACOG) and the American Society of Anesthesiologists (ASA) are working on developing a platform which would measure and report benchmarking information on maternal outcomes. However, for patients who have suffered major complications in childbirth, that platform will be too late.

If you or your child has suffered from illness or injuries caused by childbirth complications, please contact an experienced Westport medical malpractice attorney to find out what legal recourse you may have against the physician and medical facility where the birth took place.