Medical Malpractice – Introduction

Marcus Welby, M.D. (the main character in a famous television show of the same name) never committed an error in his treatment of patients that television viewers witnessed. Somehow, many people developed the belief that health care providers never cause injury by acts of commission or omission, and developed a visceral sense that there was no need for medical malpractice claims. Experience tells us differently. Experience tells us that health care providers don’t always choose to be safe rather than sorry. Many physicians, nurses and other personnel do not heed warning signs, and instead, run “medical red lights.”

Surgical errors such as injuries to vital organs, retained sponges and instruments, anesthesia errors, failures on the part of obstetricians that result in brain damage or nerve injuries known as brachial plexus injuries, failures to monitor dangerous prescription drugs, safety failures in hospitals and nursing homes, failures to make correct or timely diagnoses, ignoring important physical warnings, and many other circumstances can constitute a deviation from the accepted standard of care, and therefore constitute medical malpractice. Statistically, according to a 2006 study, 60% of the closed medical negligence claim files involved physician errors by missing or delay in making the proper diagnosis (Missed and Delayed Diagnosis in the Ambulattorney Setting: A Study of Closed Malpractice Claims,145 Annals of Internal Medicine 488).

At Casper & de Toledo, we carefully follow the guidelines that establish the framework for bringing a medical malpractice case in Connecticut. We work with expert consultants throughout the country to determine if a case is bona fide. We comply with the statutory requirement that a case is not brought without the proper certification of merit. These preliminary steps, which include acquiring all of the medical records such as x-rays, CT Scans, MRI Scans and other documentation, take time; thus, it is important that a potential medical malpractice case be brought to our attention as early as possible.

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