Personal Injury Attorney in Hartford for Medical Malpractice 1 Answers as of July 13, 2010

While at school in Hartford my son was injured while riding a motor cross cycle. He was treated at an area hospital for his injuries. This happened in March of this year. His injuries involved dental and facial damage and ankle injuries. The hospital told him that his ankles and feet were just bruised. He has sought treatment with a local dentist at home and is in the process of a lot of dental work. Since his ankles and feet were not improving he sort out an orthopedic doctor and found out that he has broken bones that are not healing and might not heal. My lawyer suggested that he have a lawyer in Hartford. He is having trouble finding one. Can he be referred to a local Hartford attorney?

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Law Offices Of James C Wing Jr.
Law Offices Of James C Wing Jr. | James C. Wing, Jr.

Our practice is in Greater Hartford. In a medical malpractice case, a claimant must prove liability, damages and causation. Malpractice liability is proven by showing through expert testimony that the health care provider defendant was not as careful and competent as expected. If the provider acted reasonably and there was nevertheless a bad outcome, the claimant loses.

If the defendant's conduct establishes liability, the claimant must still prove that he suffered damages as a result of the health care provider's error or omission. This is causation. You seem to be suggesting that the health care providers misdiagnosed your son. If they did, which would need to be proven by expert opinion, did the failure to diagnose exacerbate the injuries he received?

If his prognosis is unchanged by the delay in treatment occasioned by the alleged malpractice, he cannot recover for more than the pain, suffering and inconvenience caused by the delay. Since your son was injured in a motorcycle accident, some or all of his injuries were caused by that accident. Malpractice recovery is only available for the injuries worsened or caused by the malpractice.

Because proof of malpractice requires expert testimony, for which doctors and other witnesses are paid, pursing malpractice on a contingency fee basis can be expensive for a plaintiff's attorney. Expenses may be even greater when the treating health care providers are from out of state because their testimony may either be unavailable or may require that the witnesses be paid for travel and accommodations.

Accordingly, a successful attorney tries to only accept cases where the probability of success and the probable recovery justifies advancing firm funds for experts and committing lawyer time to achieving a recovery for the claimant.

I wrote this to help you and others who may face issues like yours in the future. I hope you find my response to be helpful and informative. My answer is not legal advice and does not establish a client/attorney relationship. The question may not be a complete or accurate description of the problem and there is no chance to ask a follow up question. It is impossible to give complete advice without a thorough discussion of the facts, such we would have during an initial consultation.

Further, laws are different from jurisdiction to jurisdiction and frequently change. So, please, do not act on any information provided without consulting with a lawyer licensed to practice in your jurisdiction who has experience with the kind of issues that concern you.
Answer Applies to: Connecticut
Replied: 7/13/2010
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