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Best Medical Malpractice Lawyers in Hartford

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Appleton & Appleton LLC logo
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Appleton & Appleton LLC

266 Pearl Street, Hartford, CT 06103
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  • Medical Malpractice
  • Personal Injury

Business Description

Appleton & Appleton, LLC, is a personal injury law firm that serves the Hartford metro. Its legal team helps harmed patients and affected families seek compensation for the injuries they sustained due to the errors and negligence of doctors, hospitals, and other healthcare professionals. The firm has experience in a range of medical malpractice claims, including diagnosis failures, surgical errors, medication errors, and pharmaceutical errors. Founder Morton Appleton has been practicing law for more than 60 years.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
5.0 / 5 (25)

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Brignole, Bush & Lewis logo
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Brignole, Bush & Lewis

73 Wadsworth Street, Hartford, CT 06106
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  • Medical Malpractice
  • Personal Injury
  • Birth Injuries

Business Description

Brignole, Bush & Lewis is a law firm that serves Hartford and the nearby areas. It represents individuals in a wide range of medical malpractice cases, including birth injuries, delayed diagnoses, incorrect prescriptions, and patient falls. It also handles other personal injury claims, such as auto accidents, nursing home neglect, premises liability, and wrongful death. Timothy Brignole, the firm's managing partner, has been practicing law for 30 years. He has been recognized as one of the Top 100 Trial Lawyers by the National Trial Lawyers.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.4 / 5 (8)

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Buckley Wynne & Parese logo
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Buckley Wynne & Parese

100 Pearl Street, 14th Floor, Hartford, CT 06103
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  • Birth Injuries
  • Misdiagnosis of Illness
  • Surgical Mistakes
  • Anesthesia Errors

Business Description

Buckley Wynne & Parese offers negotiation and litigation services to medical malpractice victims in Hartford. Over its years of practice, it has recovered over $850,000 in settlements, minimizing the worries of its clients who have suffered because of misdiagnosis; surgical, anesthesia, and medication errors; birth injuries, and hospital negligence. Its lawyers are admitted to serve in state, federal, and appellate courts and handle cases resulting from traffic and premises accidents and workplace injuries. It exhibits social responsibility by providing legal services and education to youth and homeless communities.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Carlson & Dumeer, LLC logo
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Carlson & Dumeer, LLC

144 Whitney Street, Hartford, CT 06105
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Business Description

Carlson & Dumeer LLC offers legal help to people in Hartford with medical malpractice claims. Its lawyers pursue compensation from doctors who perform negligent acts, such as improper diagnosis of a patient, provide wrong treatment services, leave surgery tools in a patient's body, and prescribe incorrect mediations. They handle cases involving nursing home abuse and childbirth mistakes. Partner Scott Carlson has been recognized among the Top 100 Trial Lawyers by the National Trial Lawyers.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Facebook
5.0 / 5 (17)

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
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D'Amico & Pettinicchi, LLC logo
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D'Amico & Pettinicchi, LLC

465 Straits Turnpike, Watertown, CT 06795
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Business Description

D'Amico & Pettinicchi LLC has provided a voice to individuals wounded due to another's negligence near the Hartford area for 30 years. The medical attorneys pursue a trial on behalf of patients who've suffered birth injuries, cancer, and emergency room misdiagnosis as well as surgical malpractices due to the medical facility's negligence. They also look at instances where a medical practitioner gave a wrong prescription, and the victim sustained adverse effects. The firm secures fair compensation for the financial and emotional damages suffered.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Facebook
5.0 / 5 (7)
Avvo
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Eagan, Donohue, Van Dyke & Falsey, LLP logo
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Eagan, Donohue, Van Dyke & Falsey, LLP

24 Arapahoe Road, West Hartford, CT 06107
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Business Description

Eagan, Donohue, Van Dyke, & Falsey LLP is a general practice law firm that offers residents the legal services of medical malpractice lawyers near Hartford. Its lawyers handle numerous medical malpractice and wrongful death claims arising from mistakes made by doctors, nurses, and health care professionals. The firm determines the best strategy when pursuing compensation to pay for a client's injuries, lost income, and expenses. Plus, Eagan, Donohue, Van Dyke, & Falsey settle probate, business, real estate, and landlord/tenant disputes.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.8 / 5 (25)
Facebook
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Forrest McPadden logo
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Forrest McPadden

100 Great Meadow Road Suite 505, Wethersfield, CT 06109
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Business Description

Forrest McPadden is a general practice litigation law firm serving clients in Hartford and its surrounding communities. Its lawyers focus on personal injury matters, particularly in medical malpractice cases. The team has helped individuals who experienced prescription errors, hospital injuries, misdiagnosis, post-operative negligence, and fertility treatment issues. One of the firm’s partners, Matthew Forrest, is part of the Wethersfield Board of Education. He also served as the director of the Wethersfield Historical Society from 2009 to 2013.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.9 / 5 (33)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Gersten & Gersten LLP Attorneys at Law logo
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Gersten & Gersten LLP Attorneys at Law

818 Farmington Avenue, West Hartford, CT 06119
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  • Wrongful Death

Business Description

Gersten & Gersten LLP, Attorneys at Law, works with medical malpractice victims in Hartford, aiming to obtain maximum remuneration. Through investigation and evidence gathering, it strives to prove that an injury resulted from a health provider's misconduct. Some of the cases it handles involve misdiagnosis, failure to provide appropriate treatment, and medication delays. Since 1946, the firm has been representing clients in state and federal courts, practicing personal injury, family, business, probate, and real estate law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
4.9 / 5 (45)
Google
4.4 / 5 (7)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Gold, Levy & Poirot logo
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Gold, Levy & Poirot

21 Oak Street, Suite 300, Hartford, CT 06106
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  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

Gold, Levy & Poirot has been fighting for the rights of the injured and their families since 1988. It pursues legal actions against medical providers who committed malpractice, such as giving incorrect prescriptions, misdiagnosing illnesses, and making errors during childbirth procedures and surgeries. The attorneys, who have over 85 years of collective practice, collaborate with medical experts to address the plaintiffs' concerns and maximize their financial recovery. The Hartford-based firm has won over $100 million in verdicts and settlements for personal injury victims.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.7 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Detail
––
Gorman, Herrmann & Menard Attorneys and Counselors at Law logo
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Gorman, Herrmann & Menard Attorneys and Counselors at Law

21 Woodland St., Suite 322, Hartford, CT 06105
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  • Misdiagnosis of Illness

Business Description

Gorman, Herrmann & Menard Attorneys and Counselors at Law has been focusing on the needs of clients with medical malpractice claims in Hartford since 1955. It uses a team approach in handling cases involving medical errors, dangerous medications, wrongful death, or nursing home abuse. Member lawyer Robert Gorman Jr. is admitted to practice law before state and federal courts in the area. He is a member of organizations like the Connecticut Trial Lawyers Association and the American Association for Justice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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––
Kahan Kerensky Capossela, LLP logo
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Kahan Kerensky Capossela, LLP

45 Hartford Turnpike, Vernon, CT 06066
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Business Description

Kahan Kerensky Capossela LLP is a firm of medical malpractice attorneys near Hartford. Since 1964, it has earned a reputation for its compassion, results-oriented approach, and communication while serving victims of negligence throughout Connecticut and surrounding areas. It holds doctors, nurses, and other medical personnel accountable and has experience in cases of misdiagnosis, failure to treat, surgical errors, and birth injuries. Kahan Kerensky Capossela LLP has obtained millions of dollars in compensation for its clients and offers a free initial consultation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
5.0 / 5 (21)
Facebook
4.6 / 5 (11)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Kenny O’Keefe & Usseglio, P.C. Counselors at Law logo
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Kenny O’Keefe & Usseglio, P.C. Counselors at Law

21 Oak Street, Suite 208, Hartford, CT 06106
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  • Misdiagnosis of Illness
  • Surgical Mistakes
  • Anesthesia Errors
  • Emergency Room Negligence

Business Description

Keeny O'Keefe & Usseglio, P.C. Counselors at Law, is a Hartford-based legal clinic handling professional malpractice, personal injury, auto accidents, and appellate litigation cases in the area. Richard J. Kenny, a lawyer who has been certified by the American Board of Trial Advocates at the Advocate Level, founded the law firm. Kenny has been a trial lawyer for more than 30 years, handling cases involving anesthesia errors, post-operative negligence, diagnostic test misreading, and medical device error.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Google
4.0 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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LA Law logo
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LA Law

650 Farmington Ave, Hartford, CT 06105
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  • Medical Malpractice

Business Description

Based in Hartford, LA Law provides legal solutions to clients seeking compensation for their medical malpractice claims. Its team of attorneys assists clients who have been injured due to diagnosis and treatment errors committed by their doctors. The attorneys take the time to explain all possible legal options to their clients, which enables them to make well-informed decisions and eventually get the compensation they need to recover. LA Law is headed by Lawyer A. Twillie who also provides his legal services in Spanish.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.6 / 5 (27)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Office of Michael Pollack, LLC logo
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Law Office of Michael Pollack, LLC

36 Russ Street, Hartford, CT 06106
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  • Medical Malpractice

Business Description

The Law Office of Michael Pollack, LLC, provides legal services to clients in the Hartford metro and the surrounding areas. It offers legal counsel and representation to individuals suffering from injuries due to the negligence of others. The firm helps recover damages, such as earning capacity destruction, long-term care expenses, lost wages, pain and suffering, and permanent disability. Michael B. Pollack, the founding attorney, has been in practice for over 27 years. He is a member of the Connecticut Trial Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.6 / 5 (16)
Avvo
5.0 / 5 (10)
Facebook
5.0 / 5 (7)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
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Detail
Mahon, Quinn & Mahon, P.C. logo
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Mahon, Quinn & Mahon, P.C.

636 Broad Street, Meriden, CT 06450
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Business Description

Founded in 1974, Mahon, Quinn & Mahon PC advocates for the rights of individuals who have sustained injuries and losses due to medical malpractice acts. It employs medical negligence lawyers near Hartford who help individuals and families that have lost a loved one to obtain maximum financial compensation and settlements in lawsuits against healthcare providers and institutions. Other areas of practice include auto accident and assault litigation. Attorney Michael D. Quinn is a member of the Connecticut Bar and the Connecticut Trial Lawyers Associations.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Facebook
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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RisCassi & Davis P.C. logo
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RisCassi & Davis P.C.

131 Oak Street, Hartford, CT 06106
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  • Medical Malpractice
  • Personal Injury

Business Description

RisCassi & Davis P.C. is a personal injury law firm that has been serving the residents of Hartford and the surrounding areas for over 65 years. It seeks compensation on behalf of victims of medical malpractice. It handles a wide range of medical malpractice cases, including those involving surgical errors, prescription errors, and birth injuries. RisCassi & Davis P.C. has been named a Top 50 Law Firm by the National Law Journal. Seven of its attorneys are board-certified in civil trial law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.9 / 5 (91)
Facebook
4.8 / 5 (17)
Yelp
4.0 / 5 (4)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Sabatini & Associates, LLC logo
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Sabatini & Associates, LLC

100 Pearl Street 14th Floor, Hartford, CT 06103
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  • Medical Malpractice
  • Personal Injury

Business Description

Sabatini & Associates, LLC, is a law firm that has been serving clients in Hartford and nearby areas since 1972. It represents individuals who are suffering from injuries due to the negligence of doctors, hospitals, and nurses. The firm also deals with other personal injury cases, such as dog bites, nursing home abuse and neglect, product liability, slip and fall, and wrongful death. James V. Sabatini, a principal attorney, is a member of the American Association for Justice and the Connecticut Trial Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.1
Google
3.8 / 5 (32)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Shehu Law Firm logo
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Shehu Law Firm

580 Burnside Avenue, Suite 5, East Hartford, CT 06108
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Business Description

Shehu Law Firm represents victims of medical malpractice in Hartford and the surrounding metros. The firm takes on cases against healthcare professionals and facilities that acted negligently. Its legal services also include assistance with personal injury matters, such as motorcycle accidents, car accidents, dog bites, and slips and falls. The practice was founded in 2015. Its attorney, Ben Shehu, leverages his experience in the insurance industry to manage his personal injury cases. He also practices real estate law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (38)
Facebook
4.9 / 5 (27)
Yelp
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Detail
Spinella & Associates Attorneys at Law logo
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Spinella & Associates Attorneys at Law

One Lewis Street, Hartford, CT 06103
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

Spinella & Associates Attorneys at Law is a civil rights and criminal defense law firm serving clients in Hartford. It represents the victims of medical malpractice that resulted in lower quality of life or wrongful death. The firm's lawyers handle different types of medical malpractice cases, including lawsuits for issues like negligent surgery, failure to order proper tests, misdiagnosis, nursing home neglect or abuse, and improper treatment. They also cover other practice areas, such as probate, land use, and employment litigations.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Avvo
4.6 / 5 (16)
Google
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Tarabishy Law Firm logo
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Tarabishy Law Firm

102 Oak Street, Hartford, CT 06106
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  • Wrongful Termination
  • Medical Malpractice

Business Description

Tarabishy Law Firm helps clients in Hartford with medical malpractice claims. In the last eight years, the law firm has helped clients obtain settlements for injuries, pain, and suffering caused by negligence on the part of medical professionals and institutions. The practice is led by Nadim E. Tarabishy, who has been in the industry for 10 years. Tarabishy handles cases that involve birth injuries, medication errors, anesthesia accidents, and healthcare-associated infections.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Walsh Woodard LLC logo
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Walsh Woodard LLC

527 Prospect Avenue, West Hartford, CT 06105
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  • Wrongful Death
  • Medical Malpractice

Business Description

Walsh Woodard LLC is a personal injury firm that serves individuals and families in the Hartford area. It handles matters related to medical malpractice, trucking collisions, wrongful death, dog attacks, and defective premises. Its medical malpractice services cover diagnostic errors, poor sanitation and infection, and medication mistakes. Its lawyers work with medical specialists to analyze the victim's case prior to filing a lawsuit. They help clients recover compensation for their damages against health facilities, doctors, and hospitals.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.7 / 5 (13)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Zayas Law Firm logo
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Zayas Law Firm

20 Grand Street, Hartford, CT 06106
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  • Medical Malpractice

Business Description

Serving the Hartford metro, Zayas Law Firm assists the injured and bereaved in obtaining compensation for negligence or carelessness caused by another person. With over 44 years of combined legal experience, its lawyers handle medical malpractice claims, including birth, medication, and surgical errors. They also represent personal injury victims in cases, including vehicle, truck, and pedestrian accidents, as well as nursing home neglect and wrongful deaths. In addition, the firm has a staff that can speak fluent Spanish to assist the Hispanic community within Connecticut.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.6 / 5 (57)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Back to Providers

Frequently Asked Questions

What does a medical malpractice lawyer do?

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Do I have a medical malpractice case?

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made

What are the chances of winning a medical malpractice lawsuit?

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Is a misdiagnosis suitable for medical malpractice?

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

As a patient, how do I choose a good medical malpractice lawyer?

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

What percentage of a settlement do medical malpractice lawyers get?

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

What’s the statute of limitations on medical malpractice?

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

How do you file a medical malpractice lawsuit?

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

How does a medical malpractice lawsuit work?

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

As a healthcare provider, how do I avoid medical malpractice?

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

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