Medical Malpractice
If you have been injured by a careless doctor, nurse or member of the medical community, you are entitled to fair and just compensation. The law in Connecticut offers plenty of safeguards for the medical community and very few safeguards for you – the patient – the little guy. You can even the playing field by hiring the right attorney. The doctors, nurses and hospitals have large legal departments protecting their interests and you should have an attorney who is willing to fight for you and protect your rights. The Law Office of Kevin C. Ferry, LLC can properly evaluate, assess, and pursue your medical malpractice case.
Statute of Limitations
In essence, a statute of limitations sets a specific time frame in which a particular type of law suit can be brought. If you do not meet the deadline, then you will be barred from bring suit. To properly asses and determine the applicable statute of limitations and any notice requirements that may be associated with your claim, it is imperative that you contact an attorney.
In Connecticut, the law requires that a medical malpractice lawsuit be initiated within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered. The law also requires that it be initiated within three years from the date of the act or omission complained of. See Connecticut General Statute § 52-584. Thus, a person who believes he has been injured because of medical malpractice must initiate the lawsuit within three years of the act of malpractice even if he does not discover and could not have reasonably discovered the injury and its link to the alleged malpractice until more than three years have passed.
Tips To Avoid Bad Doctors
Please be sure to ask friends, other doctors or medical malpractice lawyers about your doctor before having any surgery. You should specifically ask your doctor about his level of ability, training, and experience. Don’t be afraid to ask about the number of times he or she has been sued for malpractice. If you are considering surgery, ask your surgeon how many surgeries like yours he or she has successfully completed; how many did not have a successful outcome and why. Remember the most honest assessment usually comes from other physicians who know of the doctor’s level of ability, but who are not affiliated with the doctor or even the hospital where the doctor has privileges.
You can check the Department of Public Health’s website. Please note that this site is not necessarily accurate or current. It is only as accurate as the information supplied by the doctor who has settled a malpractice case or had a medical malpractice verdict against him. I know of one Connecticut doctor who settled malpractice cases and has several pending malpractice cases pending in Court as of March 2009, and there is not one hint of trouble on the DPH website.
Please consider reading a book written by an excellent trial lawyer, Pat Maloone, called “The Life You Save: Nine Steps to Finding the Best Medical Care and Avoiding the Worst”.
Representative Cases
- Surgical Error (Cholecysectomy) – Surgeon dissects common bile duct and fails to diagnose this for several days. Client becomes very sick and requires major surgery to repair the injury. Client is at significant risk of major complications and has a reduced life expectancy because of the Doctor’s negligence. Case is in suit.
- Hospital Burn – Woman recovering from abdominal surgery at Saint Francis Hospital in Hartford suffered large second degree burns and disfigurement on her belly due to negligent overheating of heating pad, which was left on the patient’s abdomen for eleven hours while she was being given sedatives and pain killers. Case is in suit.
- Pregnancy Complication - Failure to stop pre-term labor results in death of one twin and lifelong complications for surviving twin. Case is in suit.
- Surgical Error (Hernia Surgery) – Hernia surgery results in misfired tack into nerve causing permanent damage. Result: Plaintiff’s Verdict.
- Surgical Error (Gastric Bypass Surgery) – Gastric bypass surgery performed by surgeon inexperienced in the procedure results in life threatening infection, reversal of surgery. Case is in suit.
- Incorrect Use of Chemical – General Practitioner misapplied chemical used to burn away a mole, causes large permanent scar and discoloration. Result: Settled
- Surgical Error – Orthopedic surgeon fails to reduce and properly align ankle bones results in three additional surgeries and years of lost income. Case is in suit.
- Surgical Error – Knee operation results in ten inch scar on lower leg due to scalpel being dragged across lower leg. Result: Plaintiff’s Verdict.