Connecticut Complaint for Medical Malpractice regarding Diagnosis and Treatment

State:
Multi-State
Control #:
US-CMP-10041
Format:
Word; 
Rich Text
Instant download

Description

This is a model Complaint for damages caused by the negligence of a medical provider whose staff physician negligently failed to diagnose a common medical condition, resulting in severe mental and physical pain and unnecessary medical treatment, tests and associated expense over a period of months. The problem was later properly diagnosed and treated by a second provider. Damages are sought from the first provider. Adapt to fit the circumstances of your case. Care must be used to comply with the law and court rules for your state, because this is a model form.
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FAQ

Ingly, to prevail in a medical malpractice action in Connecticut, a plaintiff must prove (1) the requisite standard of care for treatment; (2) a deviation from that standard of care; and (3) a causal connection or relationship between that deviation and the injury.

The statute of limitations for medical malpractice is generally two years but there are exceptions. If you are dealing with a state institution or medical provider, then there is a one year notification period. Sometimes, there are reasonable extensions that you can get, if you file within a two year period.

Filing the Complaint: DPH has a form that you should use to file your complaint. It is available online to print out, fill in and mail, or you can call them and have them mail you a copy: 860-509-7552. When DPH receives your complaint, you should get a letter within 10 days acknowledging that it has been received.

The basis for most medical malpractice claims involves four elements: duty, breach, injury, and damages.

The first step in bringing a claim of medical malpractice against a healthcare provider is making certain that you are permitted to do so. The law in Connecticut mandates that an action for personal injury must be filed within two years from the date the cause of action accrues.

The Medical Injury Compensation Reform Act (?MICRA?), enacted in 1975, limits financial awards in medical malpractice cases. MICRA limits a non-economic damage award to a maximum of $250,000.

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Connecticut Complaint for Medical Malpractice regarding Diagnosis and Treatment