At Polito & Harrington, the health and well-being of our clients, employees and the community remains our top priority. We are closely monitoring the Coronavirus and following the guidance of local, state and federal authorities. We will be conducting all non- essential meetings via video or teleconference and remain available to service our clients’ legal needs. Essential meetings in the office will be conducted in accordance with guidance from public health authorities.Although the closure of courts and other cancellations are likely to occur, we remain fully committed to continuing to provide our clients with the same level of service and attention to their legal needs that they have come to expect from Polito & Harrington. We are also open and accepting new cases and referrals. We continue to remain available by email ( and via our office phone number (860-447-3300) should you or anyone you know needs to reach us.

Wishing everyone good health,
~ The lawyers and staff of Polito & Harrington

Who Is Liable if I Am Injured by Medical Malpractice?

Who Is Liable if I Am Injured by Medical Malpractice

Imagine the following scenario: You go to the doctor or the hospital for medical care, and the treatment you receive actually makes you worse rather than better. This is the nightmare that thousands of Americans live through each year, sometimes with catastrophic results. While the victims of medical malpractice invariably have dozens of questions, foremost among them is often, “Who is liable for my injuries?”

While we would love to provide a simple answer to this question, as is often the case in law, the answer is, “It depends.”

It depends, in large part, on whose negligence caused your injuries and their employment relationship to the hospital, clinic, or other facility you visited for care. Below is some basic information about liability in medical malpractice cases. For specific advice about your potential medical malpractice case, please call our office today at (860) 447-3300 or contact us online.

Medical Malpractice and Vicarious Liability

Medical malpractice occurs when a medical professional breaches the prevailing professional standard of care. Under Connecticut Law, that standard of care is the level of care, skill, and treatment that, under the relevant circumstances, is recognized as acceptable and appropriate by reasonably prudent and similar healthcare providers.

While people typically associate medical malpractice with doctors and surgeons, many healthcare professional can commit medical malpractice, including:

  • Nurse practitioners
  • Physical therapists
  • Pharmacists
  • Chiropractors
  • Dentists
  • Psychologists

In many medical malpractice cases, the healthcare professional who injured you is directly liable for your injuries, meaning that you may attempt to recover compensation by filing a claim against his or her malpractice insurance company. If, however, the healthcare professional is an employee of a healthcare company and the malpractice that injured you occurred within the scope of the professional’s employment, the company may potentially face liability through a legal doctrine known as respondeat superior.

In the hospital setting, doctors and surgeons are typically independent contractors, while nurses, nurse practitioners, and other healthcare professionals work as employees. That said, some hospitals choose to employ some of their doctors. To determine liability, discuss your case in detail with an experienced lawyer.

What Does Medical Malpractice Look Like?

If you’re confused about what exactly medical malpractice is, keep in mind that not every adverse medical outcome means that malpractice has occurred. The injury must result from the negligence of a medical professional.

Examples of mistakes that would likely rise to the level of negligence include:

  • Operating on the wrong body part
  • Operating on the wrong patient
  • Performing the incorrect procedure
  • Failing to diagnose a disease or condition when a patient presents with symptoms indicative of that disease or condition
  • Failing to order certain tests when a reasonable healthcare professional would have ordered them
  • Prescribing the wrong medication
  • Prescribing an incorrect dosage of medication

Call Polito & Harrington Today to Speak With a New London Medical Malpractice Attorney

If you suffered an injury because of the negligence of a medical professional, speak to an attorney as soon as you can. Medical malpractice cases can prove extremely complicated, so seek out a lawyer familiar with Connecticut medical malpractice litigation. To schedule a free case evaluation with one of our medical malpractice attorneys, call our office today at (860) 447-3300 or contact us online.

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