Understanding the statute of limitations for medical malpractice is critical if you believe you’ve suffered due to a healthcare provider’s negligence. Medical malpractice laws are complex, and missing key deadlines could mean losing your right to pursue a claim, even if you have a strong case. The medical malpractice attorneys at Jacobs & Dow, LLC, break down everything you need to know about the statute of limitations for medical malpractice in Connecticut, helping you take informed action if you’re affected.
Introduction to Medical Malpractice
Medical malpractice occurs when a healthcare professional, such as a physician, nurse, or hospital, fails to follow the accepted standards of care, resulting in injury or harm to a patient. These cases are often challenging, requiring both legal and medical experience to prove negligence and secure compensation. Knowing the time limits for filing a malpractice claim is essential in protecting your rights.
What Constitutes Medical Malpractice?
Medical malpractice doesn’t mean every unfavorable outcome is grounds for a lawsuit. To be considered malpractice, the following elements typically must be present:
- A provider-patient relationship: The professional owed the patient a duty of care.
- A breach of that duty: The provider failed to act per the accepted medical standards.
- Causation: The breach directly caused injury or harm.
- Damages: The injury led to quantifiable harm, such as medical bills, pain, lost wages, or reduced quality of life.
Some examples include surgical errors, incorrect diagnoses, delayed treatment, medication mistakes, or birth injuries.
Defining Negligence in Healthcare
Negligence in healthcare refers to an action or omission by a healthcare professional that falls below the standard of care expected within the field. Proving negligence requires establishing that another competent provider, when presented with the same situation, would have acted differently, and that the difference directly resulted in harm. Key examples of medical negligence include:
- Leaving surgical instruments inside a patient
- Misreading test results
- Prescribing the wrong medication
- Failing to diagnose a serious condition
Statute of Limitations Explained
The term statute of limitations refers to the period during which a lawsuit must be filed. If you miss this deadline, you lose the legal right to pursue your claim, regardless of its merits.
These deadlines vary depending on the type of case and the state where the claim is filed. For medical malpractice, statutes of limitations exist to ensure cases are brought while evidence is still fresh and to provide certainty for healthcare providers.
Connecticut’s Statute of Limitations
Connecticut law imposes specific timeframes for filing medical malpractice claims. Under Connecticut General Statutes § 52-584, these are:
The Two-Year Statute of Limitations
Most medical malpractice lawsuits in Connecticut must be filed within two years of:
- The date the injury was first sustained or discovered, or
- The date by which, exercising reasonable diligence, the injury should have been discovered.
Why is this important?
The injury may not always be obvious at the time of the negligent act. For example, a misdiagnosis could go unnoticed for months. Connecticut law gives patients a chance to file suit once they actually discover (or reasonably should have discovered) the harm.
The Three-Year Statute of Repose
Even if the harm isn’t discovered right away, there’s a maximum time limit for filing claims:
- No medical malpractice lawsuit can be filed more than three years after the date of the alleged act or omission that caused the injury.
This is called a “statute of repose.” After three years, you cannot bring a case, even if you only discovered the injury later.
Example Scenario
- A patient undergoes surgery on January 1, 2021.
- She discovered a surgical sponge was left inside her body and was removed well after the original surgery on March 1, 2022.
- She has until March 1, 2024 (two years from the discovery) to file her claim.
- However, if she discovers the sponge in 2025, she can no longer file the claim because it’s beyond the three-year statute of repose from the date of surgery.
Exceptions and Extensions
There are certain exceptions to Connecticut’s statutes:
- For minors: The clock may not start running until the child reaches adulthood.
- Fraud or concealment: If the provider intentionally concealed their mistake, the deadline may extend.
- Continuous treatment: The statute may be extended if the same provider continues treating the same condition.
- Fatal Cases: For wrongful death due to medical negligence, a two-year statute of limitations applies from the date of death, with a five-year statute of repose.
Consult with an experienced attorney to determine if any exceptions apply.
Fighting for Victims of Medical Malpractice in Connecticut
Handling a medical malpractice claim requires deep knowledge of both healthcare and Connecticut law. At Jacobs & Dow, LLC, our experienced medical malpractice attorneys work closely with nationally recognized medical professionals and investigators. Our goal is to prove negligence, expose dangerous practices, and maximize compensation for injured patients and their families.
Why Contact Jacobs & Dow, LLC?
- We work on a contingency fee basis. You pay no legal fees unless we recover for you.
- Our lawyers have decades of collective experience handling complex malpractice cases.
- We provide compassionate and personalized support to every client.
Take Charge of Your Medical Malpractice Claim
If you or a loved one suffered harm from medical negligence, do not wait. Strict statutes of limitations apply, and acting quickly can make the difference between a successful claim and being barred from justice.
Contact Jacobs & Dow, LLC in New Haven for your free, no-obligation consultation. Our attorneys will answer your questions, review your case, and explain your legal options in clear, simple language. Call us today to make sure your rights are protected.
