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Posts tagged "Personal Injury"

The "collateral source rule" in a medical malpractice case

This blog has discussed several aspects of medical malpractice cases in Connecticut. We've touched upon some of the filing requirements, and several of the aspects of informed consent in the context of pursuing damages for injuries that occur due to the negligence of health care professionals. But once a case has been tried, and a verdict has been returned for a plaintiff, what happens next?

Taking selfies too far

It was bound to happen. The obsession many people have with taking selfies is causing serious injuries and death. Most selfies are harmless, but when people are not aware of their surroundings or purposely take risks, the results can be tragic.

What are the rights of nursing home residents in Connecticut?

This blog has previously touched on several aspects of nursing home abuse and some of the more specific problems that can occur. Readers may remember that we've discussed the dangers of bedsores to nursing home residents, and the use of restraints in such facilities and the problems such use may create for the people living there. This week, however, let's "pull the camera back" and look at a bit of the bigger picture with regards to what treatment residents of long-term care facilities have a right to expect from those facilities.

What is 'proximate cause' in Connecticut premises liability?

This blog has been discussing the various elements of a negligence claim in Connecticut as they apply to premises liability cases over the past couple months. To review, to recover in negligence cases, a plaintiff generally must show that the defendant had a duty to the plaintiff, that the duty was breached, that there was an injury and that the breach was both the cause-in-fact and proximate cause of the injury. In this installment we will touch on the next, and probably most complex element of such cases: proximate cause.

Man killed in high-speed Bridgeport car accident

While some drivers in Bridgeport play fast and loose with speed limits, these laws do exist for a reason. There is abundant evidence that shows that traffic fatalities increase with the speeds of vehicles involved in accidents. While going slightly over the limit may not seem like a big deal, serious speeding violations can have devastating consequences.

What must be shown in a consent-based medical malpractice case?

A few weeks ago, we discussed the concept of "informed consent" with regards to medical malpractice cases in Connecticut. Basically, medical professionals have a duty to ensure that patients understand the risks and benefits of a certain course of medical treatment, that they are aware of feasible alternatives and that they consent to going forward with the treatment. But what does this mean, in practice, to a person who has been injured and is attempting to recover for his or her medical expenses and other losses due to a lack of informed consent? One of the main important concepts in consent-based medical malpractice cases is "materiality." When a patient is informed about a medical treatment or procedure, he or she must be given all information regarding the material risks of the treatment. In this context, "material" information is that information which a reasonably prudent person would take into account when deciding whether to submit to the treatment. Note that this is an objective, rather than subjective standard. This means that materiality is not based upon what this particular patient may have thought, but what a hypothetical reasonable person would have found important. The second important idea in malpractice cases based upon lack of informed consent is that of "proximate cause." Under Connecticut law, this means that a person injured by a medical treatment must show that if disclosure of material risks had been made, a reasonable person would not have consented to the treatment. Again, the state of mind of the particular patient involved is not the standard, but rather whether a hypothetical reasonable patient would have found the risk significant enough to mot submit to the treatment.

Is use of restraints in a nursing home abuse in Connecticut?

This space has previously discussed what signs there may be that a loved one who is in a nursing home or assisted care facility is being abused or neglected. We have also touched on the fact that bedsores, which often are caused by failure of a patient to move, can become serious health problems. One possible cause of such effects is the use of physical or chemical restraints by a nursing facility.

What is "cause-in-fact" in Connecticut premises liability?

Several weeks ago we began taking a look at the elements of negligence that might be involved in a premises liability lawsuit in Connecticut. Readers may remember that we briefly covered the concepts of duty and breach, and how they were related to the various statuses a visitor on property may have, such as invitee or trespasser. This week we will look at an element that is independent of the status of the visitor: "cause-in-fact."

What is negligence in a Connecticut car accident?

Previous posts here have discussed various aspects of car accidents, including what Connecticut requires of someone who's been involved in one, as well as the frequency of such accidents on some of the roads in the state. Last fall, we touched on the concept of negligence, and gave some examples of what might be negligent behavior behind the wheel. Today we'll take a closer look at the term and what it actually entails.

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