E-mail on this subject: rtm@meehanlaw.com

When a physician, dentist, nurse, hospital or other health professional fails to provide to you that level of care required of similar health care providers you may have the basis for a medical malpractice claim. Such cases are often difficult and costly to present, and any potential plaintiff has to weigh carefully the financial and emotional costs that must be invested to pursue such a claim. At the law office of Meehan Meehan & Gavin,we take the task of evaluating the care of another professional very seriously. We counsel our clients that doctors are not guarantors of perfect treatment. Often the best of medical care does not produce the desired results. It is not the result of medical care that should cause you to consult with an attorney but rather, carefully considered concerns about the quality of that care.

Evaluating a malpractice claim

The evaluation process focuses on two interrelated issues: 1.) was there a deviation from the accepted standards of care for that particular medical specialty; and 2.) what was the result in terms of permanent and substantial harm to the patient?

If a practitioner fails to provide the appropriate level of care the inquiry does not end there. The plaintiff has the burden to prove that this breach of care was the cause of the plaintiff's ongoing problems. We have reviewed many cases over the years where a plaintiff received substandard care but suffered no lasting problem as a result. That client is generally counseled that such a case is not worth pursuing. The costs involved in the investigation of these cases and their proper presentation through trial can be substantial, often in the tens of thousands of dollars.

If you wish to pursue a malpractice action you must be committed to a trial. Our firm will devote often hundreds of hours in the preparation and trial of this type of case. We take these cases on a contingent fee; that is there is no fee due us unless we recover. Ultimately, you, the client will be responsible for the costs incurred. We are committed to files that we agree to take and require the same level of commitment from our clients.

Unlike some lawfirms that take your case and call you with a settlement or to start trial, you will be involved in all aspects of your case in our office. We begin the evaluation process with a request that you prepare a detailed diary of the events that lead up to your injury. We ask that you take the time to recall as much detail as possible. We want to know all that was discussed with you throughout the entire medical misadventure and through your subsequent care. Often trials in these cases don't start until many years after the events. Your ability to recount details on the witness stand 4, 5, or 6 years later can affect the outcome of your case. A carefully thought out diary will be an invaluable aid to us in understanding the essential facts of your claim, and to you in later recounting those facts.

Next you will meet with an attorney and paralegal assigned to the file. A retainer agreement will be presented to you for your review. Connecticut's Attorney Code of Professional Responsibility requires that a lawyer must provide you with a written contract for services retainer agreement. Once you understand and agree to its terms you and we will sign it. You will receive a copy with a file to store it and other papers relevant to your claim. You will receive from us copies of all the relevant documents in your case so that you can follow the progress of your case. We will have you sign medical authorization release forms, which we will use to obtain your medical records. Often clients come to us with records they have obtained on their own or from a lawyer who is referring the case to our office. These records are helpful but our practice is to obtain copies of the complete records directly from the providers. This is so that our reviewing experts will have the security of knowing that they are reviewing a complete file.

Requests for records take time. Generally we can obtain most records within 120 days of the commencement of our investigation. We are dependent on the doctors and hospitals and the time it takes their staff to process these requests. Because of this it is imperative that you contact us as soon as you discover that there may be a basis to suspect malpractice. Connecticut has a two year statute of limitations that governs in professional malpractice claims. The Court, upon the filing of a proper petition within the original two-year period, may extend that period for an additional 90 days. There are certain limited occasions when claims may be brought beyond the two-year period. Those occasions are rare and generally those claims are vigorously defended, even if the malpractice is clear. If you suspect malpractice the sooner you act the better equipped a lawyer will be to evaluate your claim.

All of your records will be collated and bound together along with a synopsis of the facts developed from your dairy, and submitted to an appropriate expert for review. We encourage you to prepare questions that you have to be submitted to the expert. Doctors are trained by their malpractice carriers to build a wall of silence around the case. They are told to provide no information that could be used by you in the suit. Calls go unanswered, and you are left frustrated by a horrible result. You are entitled to answers to your questions. Our experts will endeavor to provide those answers.

These cases are vigorously defended, and only settled once the defendant and the insurance carrier are clearly convinced that a case can be proven. Most medical and dental malpractice polices contain a Consent to Settle clause. The defendant must consent to settlement before the malpractice carrier can undertake any negotiations. All settlements in medical and dental malpractice cases are reported to the State Department of Public Health as well as a National database. The Department of Public Health will then initiate an investigation into the care provided and can take disciplinary action, if warranted. For this reason many health professionals resist any settlement efforts. At Meehan Meehan & Gavin we take an aggressive approach to malpractice litigation. We believe that thorough preparation, including pursuing depositions of the defendants and their experts, demonstrates to the defendants and their carrier that we are prepared to pursue this matter through trial. It is important that your lawyer become thoroughly familiar with the area of medicine or dentistry involved. We will spend countless hours with our experts and conduct our own research to achieve a high level of knowledge in the field involved.

Disciplinary Complaints

The State Department of Public Health will investigate any complaint against a medical or dental professional. This agency can discipline doctors, dentists and nurses. Disciplinary action can range from reprimands to license revocation; however, the State does not award or assess money damages. We will assist you in prosecuting a complaint if you feel that disciplinary action is warranted. The State will assign a paralegal to obtain the information on your case and have your records examined by an expert of its choosing. If the allegations of your complaint are sustained after a public hearing, the disciplinary file becomes a public record, accessible through the Freedom of Information Act.