Seeking financial compensation for any type of personal injury can be complicated, due in large part to the legal rules and procedures that must be followed. But medical malpractice cases have perhaps the most stringent requirements of all, including a rule that requires the plaintiff to submit evidence of a lawsuit’s merit at the time the case is filed.
A Connecticut statute provides that upon initiating a medical malpractice lawsuit against a health care provider, the injured person must submit to the court a certificate that has two components: a statement of reasonable inquiry and a written medical opinion stating that the defendant breached the applicable standard of medical care.
The first component requires you and your attorney to declare that you have taken reasonable steps “to determine that there are grounds for a good faith belief that there has been negligence” on the part of the health care provider and that there is a “good faith belief that grounds exist for an action against” the provider.
The second component is a written and signed opinion from a qualified medical professional, stating their view that the patient was injured by medical negligence and providing details supporting that conclusion. Further, the medical professional must be in a similar medical specialty as the professional who allegedly injured you. For example, if you were injured in a general surgery procedure, you would need another general surgeon to write the opinion letter.
The reasonable inquiry certificate and medical opinion must be filed with the initial complaint in your lawsuit within the applicable time limits established by the statute of limitations. Under some circumstances a 90-day extension may be granted. Failure to file the certificate and medical opinion with the complaint can lead to dismissal of the case.
Cases can also be dismissed because of deficient opinion letters. Defense counsel often attack these letters as being vague or otherwise insufficient to support the conclusion that medical negligence occurred. Therefore, it is crucial that such letters be written very carefully and thoroughly. It is usually wise for the professional writing the opinion to consult with a medical malpractice lawyer who can assist in crafting the language in such a way that it can hold up against such attacks.
Medical malpractice cases require careful assessment and planning. Gesmonde, Pietrosimone & Sgrignari, L.L.C. has extensive experience representing injured patients. To have your potential Connecticut medical malpractice claim evaluated, call 203-745-0942 or contact us online to speak with one of our injury attorneys in Hamden or East Haven.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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