Newman Creed & Associates
99 North Street
Bristol, CT 06010
860-583-5200
Toll-Free: 888-300-4469
Fax: 860-582-0012
Medical Malpractice
Frequently Asked Questions
Medical Malpractice
Q: What is medical malpractice?
A: Medical malpractice occurs when a licensed health care professional such as a physician performs a wrongful act or omission during the course of treatment. In order to constitute medical malpractice, this wrongful act or omission must fall beneath the standard of care of the same type of medical providers in the general geographic area where it occurred. Furthermore, to constitute medical malpractice, there must be damages or, specifically, injuries that flow directly from this wrongful act or omission. In other words, it is not enough that one may have sustained injuries at the hands of a health care professional if these injuries were caused by the disease process, underlying injury or the specific reason that the individual was seeing the health care professional in the first place.
Q: Does another doctor have to state that malpractice has occurred?
A: Under Connecticut law, Connecticut General Statutes §52-190a requires a "good faith" certificate in order for a medical malpractice action to be filed. The basis of this "good faith" certificate is a reasonable belief that malpractice has occurred in any given situation. Without such a certificate, a complaint sounding in medical malpractice or medical negligence may in some circumstances be subject to dismissal.
Newman Creed & Associates
99 North Street Bristol, CT 06010 • 860-583-5200 • Toll-Free: 888-300-4469
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