We've recently discussed various issues that can be relevant in bringing medical malpractice cases in Connecticut. These include some of the procedural requirements, as well as how such cases differ from other negligence cases, and on what factors a court may rely to determine whether a case merits being judged according to those differences. We've touched on the fact that medical professionals have a standard of care that they must meet when treating patients. This week, we'll take a look at a related, but different, duty the law imposes on medical professionals: that of informed consent.
Slip-and-fall and trip-and-fall accidents in stores are all too common. And while these cases often appear straightforward, they rarely are. The store and its insurance carrier will likely fight to deny or undervalue the injury claim.
About a month ago we discussed the basic elements required for a claim in Connecticut to be considered medical malpractice rather than a traditional negligence or other tort claim. You may remember that we identified three prongs that arise from the state's case law that, if present, require a suit to be handled under the Connecticut medical malpractice law. These are: that the defendant is sued in his or her capacity as a medical professional, that the negligence is of a medical nature and is part of the doctor-patient relationship and that the harm alleged involved medical judgment and was substantially related to medical treatment or diagnosis.
When a child is seriously injured, parents have to consider many things. How will the injury affect the rest of the child's life? What type of medical care will the child need? Is a negligent party liable for the medical expenses and other losses?
The decision to place a loved one in a nursing home or other care facility can be one of the most upsetting in a person's life. Very often the older individual is resistant to the idea and family members feel guilty, even though the decision really may be for the best. In most instances, the care a person receives in a nursing home is adequate and appropriate for his or needs, but unfortunately, many nursing home residents suffer from the effects of neglect.
This blog has previously discussed a few topics with regard to Connecticut premises liability law. In February we took a look at a very basic thumbnail sketch of the common-law format of negligence cases, and in January we touched on the basic statuses that a person who is on someone else's property may have. It turns out that these two concepts are related in terms of cases involving premises liability.
Everyone who drives knows, or should know, that they face the possibility of getting into an accident. Still, in the aftermath of a car accident, many people don't know what they should do next. The state of Connecticut Department of Motor Vehicles produces a driver's manual that contains a section regarding how the state wants residents to behave in the case of a motor vehicle crash. The first thing you need to know is that if you are involved in accident, you must stop. This is true, even if you hit a parked car. It may be a crime for you leave the scene of an accident if someone has been injured. You must take care that your vehicle, if possible is off the roadway, so it is not a hazard to other drivers. Further, do not walk or stand around in traffic lanes, as you increase your chances of being hurt by other vehicles driving by. Do not go near any downed power lines, or smoke near an accident scene, as fuel may have been spilled. Do not move any injured individual unless there is an immediate danger to that person like a fire or likelihood of being struck by another vehicle.
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?
This blog has previously discussed some of the potential signs that a Connecticut resident who is living in a nursing home may be neglected or abused. While psychological and financial abuse and exploitation are just as bad, physical abuse or neglect can lead to some dire consequences, and sometimes may be most obvious to notice. One of the possible signs of neglect of abuse in a nursing home is bedsores. But are bedsores really that serious?
A month or so ago on this blog we discussed the various types of status a person may have when he or she has been injured on the property of another. This status can affect the duty a premises owner has to the individual with regard to risks on the property. This week, we'll take a brief look at one aspect of premises liability in cases involving invitees to a property. You may recall that an "invitee" is a person who is present on a property for the benefit of the owner or for their mutual benefit. This covers nearly all commercial transactions that occur in brick-and-mortar businesses. The aspect we will look at is called the "mode of operation rule."