MeehanLaw, LLC

Vehicle manslaughter is committed when a person operates a motor vehicle under the influence of alcohol or drugs and causes the death of someone due to this impairment. Negligent homicide with a motor vehicle is a separate criminal offense that occurs when a person causes the death of another while operating a vehicle in a negligent fashion. The penalties for vehicular manslaughter are more severe than those for negligent homicide are.

Connecticut offers a diversion program, the Drug Education Program requiring drug counseling sessions and community service set by the Court. This program offers an alternative to a criminal record. If you successfully complete the program and any required community service or probation ordered as part of the program, the charges against you will be dismissed.

Probation is a criminal sentence that does not actually require you to serve time. A judge may order you to probation instead of sending you to jail. You will have to comply with certain probation conditions, such as making regular appointments with your probation officer, abstaining from drugs or alcohol, and not committing any additional crimes while on probation. Parole is the early supervised release of a person who has already served time in jail. He or she carries out the rest of the sentence on parole.

It is important that you speak with an experienced criminal defense lawyer before you accept a plea agreement. Richard Meehan can review the circumstances of your case, identify the strongest legal arguments and inform you whether the plea agreement is in your best interest. Whether or not you should take a deal depends on the strength of your defense, the likelihood of a conviction and the possible penalty you will face if convicted.

When a doctor consents to settlement there are various alternatives to a jury trial on all of the issues: Non Binding Mediation. This is the most popular settlement vehicle. The parties select an experienced mediator, either a sitting or retired judge or an attorney with significant mediation experience. There are also Alternative Dispute Resolution Organizations that provide mediation services. Binding Arbitration. Rather than the traditional jury trial the parties can agree to conduct the trial before a single arbitrator or a panel of three arbitrators. The American Arbitration Association provides a panel of experienced arbitrators or the parties can select a mutually agreeable arbitrator. Last Best Offer Binding Arbitration. This is a novel concept. Here each side submits their position statement and their last best settlement position.

Once your case has been evaluated by one of our experts who is willing to testify that there have been deviations from the standards of care that have caused you harm, we place the case into suit. This is accomplished by the preparation of a complaint that lays out in succinct fashion the factual allegations of your case and the specific allegations of malpractice. In Connecticut we do not ask for a specific sum of money in the lawsuit papers. A Tuesday is selected as the “return day.” This is an administrative date that merely sets the commencement of the lawsuit. No one is required to appear in court on the return date.

The lawyer signing the lawsuit papers, called the Writ of Summons and Complaint, must attach a good faith certificate attesting that the lawyer possesses a good faith belief that there is probable cause to believe the claim has merit. The Complaint sets forth the factual claims and allegations of malpractice. The good faith certificate requires that the lawyer must have a report signed by an appropriately credentialed expert evaluator that not only sets forth a reasonable basis for the belief that there has been malpractice, but also gives a detailed basis for that belief.

Before asking an expert to evaluate the claim we attempt to compile a complete file, including all subsequent treating records as well. In fairness to the potential defendant an evaluating expert should be looking at the entire record in order to judge the care that is in question. In addition, we understand the devastating impact that will occur when a letter from a lawyer arrives notifying the doctor that we are evaluating a potential claim.

Evaluating these potential claims requires a thorough knowledge of the facts and the medicine involved. In our practice we ask the client to provide a detailed chronology of all events relating to the issue. The document is protected by the attorney-client privilege. It gives us a detailed roadmap of the case. From there we request all relevant medical and dental records. Few patients understand that they have a right, by law, in Connecticut to a complete copy of their medical and dental records. Section 20-7c of the Connecticut General Statutes requires practitioners to comply with a request for records within 30 days. Doctors may charge $.45 per page for copying costs plus a reasonable fee for duplicating x-rays and models. The failure to comply with a request for the records can expose a doctor to disciplinary action by the state Department of Public Health.

At trial, a plaintiff establishes the standard of care for dental malpractice trial by offering evidence of what similar dentists would do under similar circumstances and then by showing that defendant did not meet that standard. Counsel for the defendant will attempt to counter with evidence establishing different criteria. The factfinder (either a jury or a judge) in the case is responsible for determining the appropriate standard of care for the given treatment and evaluating the evidence to determine whether the defendant complied with the standard. Speak with a dental malpractice attorney in ct

Informed consent means consent provided by the patient for undergoing treatment. A patient has the right to be fully informed of the risks, benefits and alternatives to the intended procedure. In cases of extractions, that consent must be in writing and signed by the patient before any sedation or anesthesia is given. Before proceeding with the treatment, the dentist must assess and weigh the various factors of the patient’s competency to give his/her consent. In addition, the dentist must assess whether the patient understood the information conveyed and whether the patient voluntarily gave consent.

Although referrals generally improve the quality of care patients receive, a patient is sometimes injured while under the care of the referral dentist. A negligent referral occurs when a patient is referred to a dentist who is known to be unqualified due to a lack of skill or judgment. In some cases, the lack of skill or judgment may be due to impairment such as drug abuse, alcoholism or systemic disease. In others, it may simply be due to general carelessness or apathy on the part of the clinician. Speak with a dental malpractice attorney in Hartford, Fairfield, Bridgeport, Stamford, and New Haven, CT

An analysis of dental malpractice by the National Association of Insurance Commissioners defines dental injury on a nine-point scale ranging from “minor injury” (emotional, temporary insignificant, and temporary minor injuries) to “significant injury” (temporary major, permanent minor, and permanent significant injuries) to “major injury” (major permanent and permanent grave injuries, which may include death). Such types of injuries may occur due to many aggravating and mitigating factors like unnecessary advancement of disease, operative injury, visceral/nerve injury, foreign body remnants, failure to relieve due to ineffective operation, and unnecessary/inappropriate surgery.

Connecticut law generally provides a two-year statute of limitations for dental malpractice claims. However, a plaintiff can also petition the Court to obtain a ninety-day extension of the statute of limitations, in order to obtain the required good faith certificate. There are well defined, but limited exceptions that may permit suit to be instituted after two years. Each such case must be individually evaluated, and consultation with an attorney is necessary to know if a claim can be brought. Malpractice cases require time to be evaluated and you should not delay speaking to an attorney if you believe you have been the victim of malpractice. Speak with a Fairfield Connecticut dental malpractice attorney.

The standard of care for dentistry is typically defined as the degree of care that a reasonable and prudent dentist would exercise under the same or similar circumstances. Historically, this standard is applied from the perspective of persons “in the community with similar education and experience.

Dental malpractice law requires that medical and dental professionals, alike, adhere to standards of care generally accepted by like practitioners within that health field. The deviation from those standards of care can provide a basis to bring a dental lawsuit. In addition to proving a deviation from accepted standards of care there must also be proof of a causal connection between that deviation and an appreciable harm suffered by the patient. The existence of only one of these two components does not give rise to a viable lawsuit. There are instances where the deviation from accepted standards of care is obvious but the injury has healed without any lasting effect. The converse is also true; that is, a devastating injury has occurred but on review the practitioner exercised proper care. Medical and dental practitioners are not absolute guarantors of their results.