Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are expected to exercise the basic knowledge, skills, and care ordinarily possessed and exercised by other members of the profession acting under similar conditions and circumstances. This basic knowledge and skill is called a standard of practice, or standard of care. When a medical professional treats a patient and fails to use this basic knowledge, skill, and care whether the failure consists of doing something incorrectly, or failing to do something that should be done, that failure is a deviation from the standard of practice or care.
To prove that a physician or other health care provider has been negligent, the patient must introduce evidence showing that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider is that level of care, skill, and treatment, which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. Expert testimony is generally required to establish a claim for medical malpractice unless the lack of due care is so gross as to afford almost a presumption of negligence.
It is important to note that medical malpractice claims are very difficult to prevail in. In fact, Connecticut law requires that an attorney, before filing suit, conduct a reasonable inquiry to determine whether there are grounds for a good faith belief that the medical care was negligent and the attorney must have an expert witness who will testify to that fact. These types of actions are also extremely expensive partly due to the need for qualified expert review and testimony. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.
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