Medical Malpractice

Medical Malpractice

Medical Malpractice is a serious issue in our hospitals and is a leading cause of wrongful death. Over 225,000 people die from medical malpractice related injuries in a single year.

Wrongful Death is defined as the death of an individual as a direct result of the negligence of another individual, company, or entity. Elements of Wrongful death suits involve the cause of death, who is strictly liable for the death, and who can claim the wrongful death. Wrongful death claims are usually sought after by relatives, siblings, or members of the decedents estate who have lost a considerable amount of money (wrongful death damages) due to the wrongful death of the decedent.

There are many different ways you or someone you know can wrongfully die as a result of medical malpractice. These are several of the ways an individual can die due to medical malpractice:

* Surgical Malpractice
* Medication Errors
* Bacterial Infections
* Birth Injury
* Diagnosis Error
* Negligence

There are many other ways to experience personal injuries and wrongful death due to medical malpractice. You can contact us if you have any questions pertaining to wrongful deaths, personal injuries, or medical malpractice.

Some common things to expect when one has experienced a wrongful death can range from loss of income to sorrow. Mental anguish and large hospital bills can also debilitate you physically as well as mentally.

One of the most frequent causes of wrongful death is medical malpractice. Thousands die each year because this kind of wrongful death is not filed or goes unnoticed. Contact us if you think a relative or someone you know died as a result of medical malpractice.
Birth Injuries:

Birth injury malpractice claims are difficult, time consuming, and expensive. That’s why selecting the right Connecticut personal injury attorney is so important. Our law offices work with a network of medical malpractice attorneys who have the experience and resources to take on important and challenging birth injury malpractice cases in order to obtain significant compensation for our birth injury clients.

Because of the time, cost and complexity of birth injury cases, good law firms carefully review potential medical malpractice claims. Here’s how the process works. In response to a birth injury malpractice inquiry, Attorney Candal will conduct a free in person consultation. If he believes the case has merit, he will obtain the medical malpractice records and have them reviewed by a medical malpractice expert. If the medical malpractice expert feels there is a valid claim and he believes the case is worth pursuing, he will conduct a thorough analysis and investigation and proceed with the birth injury malpractice case. You should also be aware of some special laws that apply to birth injury malpractice cases:

1. Statute of limitations: This is a law that requires commencement of a birth injury malpractice case within a specific time period. If the birth injury malpractice case is not filed within that time period, it will be barred regardless of its merit. Because the time period is often very short and exceptions apply, it is very important to consult with an experienced birth injury malpractice attorney as soon as possible.

2. Expert affidavit: In some states, before commencement of a birth injury malpractice case the party bringing the claim must provide a written document signed by a medical malpractice expert confirming that medical malpractice was committed and that it was a direct cause of the claimant’s injuries. The format and timing of the affidavit are critical.

Regrettably, sometimes during the course of the birthing process an infant may suffer an injury or deformity that is directly related to the delivery process.  Most birth injuries do not result from medical malpractice. The majority of delivery doctors and assisting hospital staff follow acceptable procedures, and a provider is not negligent simply because his or her efforts were unsuccessful.

The act of childbirth is a miraculous gift which is sometimes marred when a baby experiences major problems, mishaps and errors, which should not have occurred. On occasion, these errors may result in serious physical and/or developmental issues for the infant.

Birth related injuries vary greatly, in that some are very minor and heal over time, some may require surgery, and others may require a need for lifetime care and may even result in a casualty and/or death. To receive compensation in a birth injury malpractice suit, you have to prove that your providers acted unreasonably and that their conduct was a direct cause of injury. Unless both issues are proved, there is no case.

As a result of a birth injury or defect, an infant may be afflicted with the following:

1. Cerebral Palsy

2. Erb’s Palsy

3. Subconjunctival Hemorrhage

5. Bruising

6. Brachial Plexus Injuries

7. Fractures

8. Facial Paralysis

ERBS Palsy

Erb’s Palsy is a type of birth injury that damages the nerves of the shoulder and elbow muscles. As a result of Erb’s Palsy, medical procedures, special education, orthopedic braces and other appliances can cost a staggering amount of money. Many families either don’t have enough insurance or don’t have any at all and so their children do without many valuable items that could make their lives so much better.
Breast Cancer Misdiagnosis

Breast cancer is a devastating diagnosis, regardless of the progression of the cancer. However, the chances of surviving breast cancer for at least five years are clearly linked to receiving an early diagnosis. Mismanagement of records, misreading mammograms, misdiagnosis of the disease, or underestimating the severity of a lump are some of the more common errors. Delayed diagnosis and treatment of breast cancer can be fatal.

When cancer is diagnosed late, the patient is more likely to die. An early diagnosis can mean difference between life and death. Later diagnosis almost always results in significantly more tissue loss, more invasive procedures, and considerable loss of well being due to aggressive chemotherapy and radiation. If you feel your doctor has ignored early warning signs of cancer or misread the signs, and you or a family member has suffered a more severe consequence as a result, you may be entitled to compensation.
Breast cancer misdiagnosis and error include the following:

* Errors in diagnosis occur when physicians do not perform a breast examination,

misidentify or ignore an apparent lump in a breast.

* When a lump is discovered, a physician may fail to order a mammogram, mistake
* the lump for an infection, or fail to order a biopsy to determine if the lump is

benign.

*   Mammograms can be misread, relied on too heavily (in lieu of breast

examination) or its results not pursued.

* Errors in follow-up tests include failing to order a biopsy or ultrasound or simply

failing to follow up with the patient regarding test results.

All Personal Injury Cases are Accepted on a contingency basis
(Disbursements are reimbursed at the conclusion of the case)