Earlier this year, a Connecticut woman was awarded $12 million in a medical malpractice lawsuit after her colon was punctured during a routine hernia surgery. The error led to a massive abdominal infection. Additionally, the woman went into septic shock and suffered a heart attack and organ failure. The woman then fell into a month-long coma, had to have a large part of her large intestine removed, and also sustained permanent injuries.

Common Surgical Errors

According to CNN News, medical errors, such as the one noted above, kill more than 200,000 people every year in the United States. Medical professionals estimate that these serious types of medical errors are the third-leading cause of death in the U.S.

One of the most common types of medical errors is the accidental puncturing of an organ. In fact, a report from the National Institute of Health (NIH) states that laparoscopic surgery carries severe risk of puncturing an organ and is by far the most common type of operation for women addressing gynecological issues. WebMD notes that more than 4,000 preventable mistakes—such as the puncturing of an organ, operating on the wrong body part, or performing an incorrect procedure—occur annually and result in an impressive $1.3 billion in medical malpractice payouts every year.

Contact a Connecticut Medical Malpractice Attorney

Having surgery can be frightening—especially when considering the risks and the potential for human error. If you recently underwent surgery and experienced a resulting injury, severe medical trauma, or were not made sufficiently aware of the surgical risks, you may be eligible for compensation. The most important step to determine if this is the case is to seek the counsel of a legal professional. You do not have to go through it alone. Contact a dedicated Westport medical malpractice attorney today to discuss your case. Call 203-226-6168.

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However, according to Forbes, there are several steps a person can take to avoid malpractice suits—the most important of which is to be your own healthcare advocate. Understanding medical malpractice and how to approach it is the most important step to dealing with it and getting your life back on track in the event of a malpractice issue.

To begin, you have the right to file a malpractice claim if “a provider’s negligence causes injury or damages to a patient,” reports Forbes. Negative results from medical care do not always amount to a malpractice claim, however, and there are certain limitations regulated by the state when it comes to what types of incidents can be considered malpractice, as well as the timeframe for which a claim can be filed.

More than 80 percent of all malpractice claims filed in the U.S. every year do not result in payouts to the patients or the survivors of affected patients. In addition, there is a statute of limitations in which the claim can be filed. This varies from state to state. In Connecticut, according to the office of the state’s Chief Attorney, Connecticut state law requires that a medical malpractice suit be filed 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 Chief Attorney’s Office notes, however, that if a patient can prove that the medical professional had a continuing duty to warn him or her about the consequences of malpractice or possible negative effects of procedure, the statute of limitations can be extended. There must be evidence that the doctor failed to fulfill his duty in the period that follows the original wrong, and that duty must be proved to be within the typical standard of care.

If you suspect you have been victim of medical malpractice and have questions regarding the medical malpractice statute of limitations, the most important step is to seek legal counsel. Contact a Westport medical malpractice attorney today.

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A measure on the ballot in California this November may have the support of medical malpractice attorneys, but it has doctors scared. The measure, Proposition 46, would increase the state’s limits on what can be paid in pain and suffering awards in lawsuits and require that all physicians be drug tested. According to a recent news article, however, only 61 percent of voters say that they support the measure. Pain and suffering awards in medical malpractice suits in California have been capped at $250,000 since 1975. Proposition 46 would allow for pain and suffering awards to increase to $1.1 million.

Most states do have damage award limits such as the one California is proposing to increase. In fact, Connecticut and Minnesota, reports the National Conference of State Legislatures (NCSL), are the only two states that do not specify a specific limit or cap on medical malpractice payouts, though both states “allow for a court to review the damage awarded.” Twenty-six states allow for joint liability for medical malpractice, and Connecticut is among them. Joint defendants are considered liable proportionate to the percentage of fault for damages awarded.

According to the Journal of the American Medical Association and reported by Forbes, medical malpractice is a leading cause of death in the United States, third only to heart disease and cancer. In 2012, more than $3 billion was awarded in medical malpractice suits. That is an average of one approved claim every 43 minutes.

Despite not having caps on medical malpractice payout claims for Connecticut patients, the state does have a rule that establishes a limit or sliding scale on fees attorneys may charge for handling a medical malpractice claim, according to a publication of the Connecticut State Legislature.

While medical malpractice is not the fault of the patient, there are several things you can do to help avoid the probability of experiencing it. According to Forbes, being proactive about your healthcare by asking questions and demanding “full and complete answers” is the simplest thing you can do.

If you feel you have been the victim of medical malpractice or negligence, you may be eligible for compensation. The most important first step is to seek the counsel of a legal professional. Contact a Westport medical malpractice attorney today.

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