What is the Medical Malpractice Statute of Limitations in Connecticut?

Were you or a loved one harmed due to medical malpractice in Connecticut? If so, it’s crucial to act quickly. The law sets strict limits on how long you have to file a claim for injuries caused by medical negligence. Medical malpractice claims are a specific type of injury case, and like all injury claims, they are subject to time restrictions that determine when legal action must be taken.

In Connecticut, these cases must be brought within a specific time frame. Missing this deadline can prevent you from seeking compensation, no matter how strong your case may be. At Brill Law Group, our experienced Fairfield medical malpractice attorneys are committed to helping you pursue the compensation you deserve. We understand the challenges involved and are here to guide you through the legal process.

In the sections that follow, we will break down the medical malpractice statute of limitations in Connecticut and how it impacts your ability to take legal action.

Medical Malpractice Statute of Limitations in Connecticut

In Connecticut, the statute governing medical malpractice claims is outlined in Connecticut General Statute § 52-584. This statute sets specific time limits within which a patient can file a lawsuit against a healthcare provider for alleged negligence. Under this statute, individuals have two years from the date of the incident to initiate legal proceedings. This means that if a patient suffers harm due to a medical professional’s error, they must file their claim within this two-year window to seek compensation.

However, there is also a critical component known as the statute of repose, which is defined in the same statute. The statute of repose provides a three-year time limit from the date of the negligent act itself, regardless of when the patient discovers the injury.

This means that even if a patient realizes they have been harmed after two years, they cannot file a lawsuit if the incident occurred more than three years prior. For example, if a surgical error occurred in January 2020 and the patient only became aware of the error in January 2022, they must file their lawsuit by January 2023, as the statute of repose would bar the claim if attempted after January 2023.

In addition to these time limits, Connecticut General Statute § 52-190a(b) allows for a 90-day extension for patients to file a medical malpractice claim. This extension can be granted if the patient is unable to meet the original timeframes due to circumstances such as needing more time to gather necessary medical records or to obtain expert opinions. This provision is particularly helpful for those who may face difficulties in meeting the strict deadlines imposed by the statute of limitations or statute of repose.

Given the complexities involved in medical malpractice cases, it’s important to have an experienced attorney. Each case is unique, with its own set of facts and circumstances that can significantly impact the outcome.

Time Constraints for Pursuing Wrongful Death Medical Malpractice Cases

In the unfortunate event of a fatal medical malpractice incident, surviving family members hold the legal right to file a wrongful death claim. This type of claim allows them to seek compensation for their losses due to their loved one’s death. These losses may include medical expenses, lost income, and emotional suffering.

Connecticut General Statute § 52-555 specifically addresses wrongful death claims.

Under this statute, family members can bring a claim within a specific timeframe. However, the statute of repose for wrongful death cases in Connecticut is five years. This means that even if the family discovers the underlying cause of death later, they have a five-year window from the date of the alleged malpractice to initiate legal proceedings.

For example, if a patient passed away in March 2020 due to a suspected medical error, the family must file their wrongful death claim by March 2025. This deadline applies regardless of when they fully understood the circumstances surrounding the death.

Determining whether you can file a claim within these constraints can be complex. The unique details of each case add to this complexity. At Brill Law Group, we can provide a definitive answer regarding your ability to pursue a wrongful death claim.

Why Acting Quickly Matters in Medical Malpractice Claims

Many people think two years is a generous timeframe to file a medical malpractice claim. In reality, this period often proves quite limited. Gathering evidence and consulting with medical experts takes considerable time. Delays jeopardize a case, especially as memories fade and evidence becomes harder to obtain. Each moment that passes can weaken a claim. This reality makes it essential to start the process as soon as possible.

Most medical malpractice cases require thorough investigations by experienced attorneys. Rushing through these critical steps can lead to overlooked details that are vital for success.

Getting legal representation immediately after identifying a potential medical malpractice case proves crucial. An experienced attorney can protect your rights and ensure that you take all necessary steps promptly. Early legal involvement significantly impacts the outcome of your case. This allows for a strategic approach that maximizes your chances of receiving fair compensation.

At Brill Law Group, our team dedicates itself to providing exceptional legal representation for victims of medical malpractice. We understand the urgency involved and commit to acting swiftly on behalf of our clients. Get in touch with us today for a free consultation to learn more.