Medical Malpractice in Connecticut
Statute of Limitations: 2 Years
Discovery: 3 Years from Discovery
Liability Rules: Modified Comparative Negligence; Several Liability; No Vicarious Liability
Limits: None (punitive damages limited to litigation expenses minus taxable costs)
What You Should Know
If a patient in the state of Connecticut is harmed due to a treatment or due to lack of treatment, they may qualify for medical malpractice. Each state has their own guidelines on how to handle a medical malpractice case. Below we cover a general outline of what you need to know in the case of filing a medical malpractice in the state of Connecticut.
Statute of Limitations
A Statute of Limitations is a deadline or time period in which you have to file a medical malpractice case. In Connecticut, a patient has two years to file a medical malpractice case from the date of the injury.
Below we cover what must first be established or able to be proven in order to file a claim:
- The physician or health care provider owed the given patient any ‘duty’. For example, further treatment, alternate care, guidance, etc.
- The standard of care for the given illness or ailment failed to be met. Each surgery or treatment has a set of conditions, or standards, that must be met in order to be considered acceptable, or at the most basic level, complete.
- There is a compensable injury. Unfortunately not all injuries are compensable. A worst case scenario for medical malpractice is fatality. However, if there are reconcilable damage to the patient that can be rectified to some degree, that will help in filing a claim.
- Lastly, not only does it have to be proven that the standard of care was breached, but also that it was the cause of harm or damage to the patient. For example, if indeed a doctor did neglect the standard of care for a given treatment, but that was not the cause of harm or injury to the patient, it may not be enough to open a case.
The discovery rule is a rule in which allots time for a patient to file a malpractice claim depending on when they found out, or discovered, they were neglected by their doctor or health care provider or did not receive standard of care. The discovery rule in Connecticut is three years. So, in other words, a patient has three years upon finding out their pain or harm was due to their practicing physician or medical care center to file a claim.
In almost all states there needs to be an expert on the particular treatment that did not meet standard of care in order to prove so. In other words, there needs to be someone that specializes in the treatment that was neglected in some manner in order to prove that it was the fault of the treating physician or health care provider. The expert cannot simply be someone that is knowledgeable on the matter, though. They must be an active or practicing professional.
Damage Cap and Future Awards
There is no cap on how much damage can be reconciled or compensated in Connecticut.
As you can see, there is a lot of information necessary to understand before even filing a medical malpractice case. It is, no doubt, a daunting endeavor; however, receiving just compensation or rectifying damage for the sake of you or your family’s health should be a top priority. It is best to seek an experienced team of attorneys to assist in filing a civil claim such as medical malpractice.
How Can We Help You?
If you or a loved one have been injured in the state of Connecticut, contact us at 432.570.1919 or email us using the form below for your free, no-obligation consultation. The Buckingham Barrera Law Firm has helped thousands of people in multiple states get the compensation they deserve for their injuries.