The Bartinik Law Firm LLC

Call 860-445-8521. Trial Lawyers. Southeastern Connecticut.

Possibly, if that is necessary.  But normally we meet with our clients personally.  For criminal cases, we can meet you in the Courthouse if necessary.  

Yes, we follow the ethical rules of professional conduct, and use written fee agreements with our clients.

The claimant shall have the burden of proving by a preponderance of the evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.  General Statute § 52-184c(a).

In a medical malpractice case, you must prove that the defendant breached the standard of care, and that breach caused the injury.  Because medical issues are beyond the knowledge of everyday jurors, you must call a witness who is highly qualified (an expert) to opine on the standard of care, and that the breach caused damages.  

A similar healthcare provider is set forth in General Statute 52-184c.  It is not so simple, and there is a lot of litigation surrounding whether a particular physician is a similar health provider. 

If the defendant health care provider is not certified by the appropriate American board as being a specialist, is not trained and experienced in a medical specialty, or does not hold himself out as a specialist, a “similar health care provider” is one who: (1) Is licensed by the appropriate regulatory agency of this state or another state requiring the same or greater qualifications; and (2) is trained and experienced in the same discipline or school of practice and such training and experience shall be as a result of the active involvement in the practice or teaching of medicine within the five-year period before the incident giving rise to the claim.

If the defendant health care provider is certified by the appropriate American board as a specialist, is trained and experienced in a medical specialty, or holds himself out as a specialist, a “similar health care provider” is one who: (1) Is trained and experienced in the same specialty; and (2) is certified by the appropriate American board in the same specialty; provided if the defendant health care provider is providing treatment or diagnosis for a condition which is not within his specialty, a specialist trained in the treatment or diagnosis for that condition shall be considered a “similar health care provider.”

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