Malpractice

The attorneys at Kenny, Brimmer & Mahoney, LLC have extensive experience representing both plaintiffs and defendants in a variety of professional malpractice matters.  In general, Connecticut law imposes a two year statute of limitations on negligence actions, including professional malpractice.

Medical Malpractice

Medical malpractice arises when a medical professional acts (or fails to act) in such a way that deviates from the standard and accepted methods of practice in a particular medical community and the patient is injured as a result.  "Medical professional" can include a doctor or dentist, nurse, therapist, and the health care facility where the alleged malpractice occurred.  Section 52-584 states that, although the statute of limitation is two years from when an injury occurred or reasonably should have been discovered, no medical malpractice case can be filed more than three years after the incident took place.

There are several types of medical malpractice, including the following:

• Failure to diagnose, or misdiagnosis
• Lack of informed consent
• Surgical malpractice, including foreign objects left inside the body during surgery
• Birth injuries
• EMT/paramedic malpractice
• Hospital errors, including emergency room malpractice
• Anesthesia error

Legal Malpractice

Legal malpractice arises when an attorney acts or fails to act, breaches a fiduciary duty, or breaches a contract with a client in such a way that it results in harm to the client.  Causes of legal malpractice include negligently missing a statute of limitations, the attorney putting his or her own personal gain in front of a client's, and failing to properly inform a client of direct consequences of a decision in legal strategy.

In criminal cases, a common type of legal malpractice is ineffective assistance of counsel, where a criminal defendant argues that his or her case resulted in a conviction because the attorney failed to provide a proper defense. 

In all legal malpractice cases, the plaintiff must prove the following:

• That the attorney acted deficiently;
• But for this deficiency, the outcome would have been different; and
• That no reasonable attorney could have made these errors. 

Our attorneys also handle cases involving other types of professional malpractice.  Malpractice cases often involve complex facts and require consultation with various experts in the particular field. 

Whether you believe you have been the victim of malpractice or have been accused of committing malpractice, KB&M is highly experienced in handling these complicated types of cases.  If you need representation in a professional malpractice matter, contact our experienced attorneys today for a free initial consultation.