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Filing a medical malpractice claim in Connecticut: Requirements

You're completely certain that your medical provider made a mistake in your diagnosis. As a result, you took medications that you never should have had in your body. You lost your hair, went through months of weakness and only now are beginning to recover.

You want to make sure you get the right treatment for your condition now, but you also think the past provider needs to pay for his negligence. Connecticut's laws require that you have made a reasonable inquiry to suspect grounds for a medical malpractice case. For example, if you spoke to your doctor about the issues that resulted in your injury and he admits an error, that would be good grounds for a claim. Likewise, if you go to a new physician who points out an error the previous medical provider made, you could use this as grounds to show negligence or errors in your treatment.

Once you decide to file a complaint against your medical provider, you'll need to obtain an opinion letter. This opinion letter has to come from a similar health care provider and give the opinion that you are correct in your assertion that negligence or errors were a cause of your injuries. This should be written and signed by a health care professional. He or she will need to write a detailed description of why he or she believes that negligence or errors played a role in your injury.

If you cannot get the written opinion from a doctor in a similar field of study, the courts have a right to dismiss your action completely. Your attorney can help you prepare these documents for the court, so they're in order and ready to be used.

Source: Connecticut Judicial Branch, "Medical Malpractice in Connecticut," accessed Feb. 22, 2018

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