We Help After an Accident or Abuse

The personal injury attorneys of Tremont Sheldon Robinson Mahoney have recovered more than $500 million in verdicts and settlements. Est 1960.

We Help After an Accident or Abuse

We Help After an Accident or Abuse

The personal injury attorneys of Tremont Sheldon Robinson Mahoney have recovered more than $500 million in verdicts and settlements. Est 1960.

We are open and ready to help…

We have modified our office to help with social distancing. We are able to see clients inside or outside the office, or by video or telephone conference.

Courts are beginning to reopen, and insurance companies are resuming normal business. We are here for you and happy to help with insurance issues, medical bills and everything else.

We are open and ready to help…
We have modified our office to help with social distancing. We are able to see clients inside or outside the office, or by video or telephone conference.
Courts are beginning to reopen, and insurance companies are resuming normal business. We are here for you and happy to help with insurance issues, medical bills and everything else.

Over $70 Million

Awards and settlements collected for child victims of sexual abuse across Connecticut involving priests, clergy, teachers, coaches and family members.

$6.2Million

Landmark verdict holding an off-duty police officer responsible for failing to prevent a fatal drunk driving accident.

$6Million

Recovered award for family after proving the medical manufacturer knew about the faulty oxygen machine that killed a patient.

$5.39Million

Won settlement for truck accident victim by taking the case before the superior court after trucking company filed for bankruptcy.

$2.1Million

Largest verdict in Connecticut history involving serious injuries after a motorcycle accident.

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  4.  » When is a negligence case medical malpractice in Connecticut?

The last time this space discussed medical malpractice we touched on the difference between the standards that are used in a traditional negligence case and those used in medical malpractice actions. You may recall it has to do with the “reasonable person” standard used in the former cases, and the reasonable professional exercising the accepted standard of care in the latter. While this may make sense in theory, how, in practice does one know which standard to apply?

Connecticut courts have managed to address this question though a series of case decisions and have come up with some basic rules. These decisions are interpretations of both statutes and court cases that have gone before, and thus have the force of precedent. To answer the question of whether a suit is simple negligence or medical malpractice, in general we would need to look at who is being sued, and what was the alleged action or inaction that led to the suit.

The cases imply that there is a three-part test when determining if the standard of care is that of a regular negligence case or a medical malpractice case. First, is the person being sued a medical professional or health care provider, and is he or she being sued in that professional capacity? Also, is the negligence that is being alleged by the plaintiff the kind that would be expected to come from a patient’s relationship with a medical professional, and that this negligence is of a nature that is medical and specialized? Finally, the negligence alleged to have been committed must have related in some substantial way to a treatment or diagnosis that would require the professional to use the exercise of medical judgment.

As one might intuit, entire treatises could be written on the legal specifics of each one of these prongs of the test, which would be beyond the scope of our inquiry here. For now, it is enough to understand that the difference in standards between simple negligence and medical malpractice can have a significant impact on a case, and that determining when each standard applies can be complex. For these reasons, people who wish to seek compensation for medical expenses and other damages may wish to reach out to a Connecticut attorney.