First steps in starting a medical malpractice case

First steps in starting a medical malpractice case

| Feb 11, 2021 | Personal Injury |

Medical malpractice cases are complex. It may be necessary to file suit to obtain compensation for your losses at the hands of a negligent medical professional. If you believe that you have sustained injuries because of medical malpractice in Connecticut, here are the steps to start a case:

Time limits

There are time limits, called statutes of limitations, for filing malpractice suits. The statute of limitations for malpractice lawsuits is generally two years in Connecticut, so make sure to contact an attorney as soon as you suspect that malpractice has occurred.  An attorney needs time to investigate your potential case, obtain records and contact experts.  This process can take several months before a lawsuit can be filed.

Get your medical records

Before you start the case, or before an attorney reviews it, you may need to acquire your medical records. You can get them by submitting a written request to the relevant doctor or hospital.

Medical assessment

Even if you have your medical records and are within the statute of limitations, you may need a certificate of merit to move forward. To obtain a certificate of merit, you need an evaluation by a third-party doctor. After looking at your medical records, the doctor will provide assessments of two things:

  • Whether the medical care in question caused your injuries.
  • Whether the doctor who treated you deviated from standard practices.

If the third-party doctor decides that negligent medical treatment caused your injury, your attorney may use that as evidence when filing a lawsuit on your behalf. Your injuries might have resulted in serious emotional, physical and financial harm, so a lawyer with experience in medical malpractice law may provide you guidance in pursuing compensation.