We all approach medical care with optimism, but unfortunately mistakes can and do happen. If those medical mistakes leave in individual injured or cost a person their life, that person or his or her estate may be able to seek recourse through the Connecticut court system.
However, there is a time limit to when an individual can pursue a medical malpractice case in Connecticut. The state statute that governs this issue is Connecticut General Statute Section 52-584. It states:
“No action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct, or by malpractice of a physician, surgeon, dentist, podiatrist, chiropractor, hospital or sanatorium, shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of…”
You’ll notice that there are two time limits given in the statute, two years and then three years.
The two-year time limit, commonly referred by the courts as the “statute of limitations,” refers to the amount of time a person or their estate has to file a lawsuit after the medical error in question occurs, or in the exercise of reasonable care, should have been discovered. The three-year time limit, commonly referred by the courts as the “statute of repose,” imposes a deadline on making a medical malpractice claim, unless some special circumstances apply.
In some cases, the deadline for initiating a medical malpractice lawsuit, that three year statute of repose, can be extended “if the injured person can successfully allege that the physician had a continuing duty to warn him about the malpractice and its consequence,” according to this OLR Research Report. Also, there may also be an extension of that three-year statute of repose where a continuing treatment relationship existed between the doctor and patient.
In short, the statute of limitations on a medical malpractice case can be difficult to calculate, so if you have any questions about whether a medical error you or your loved one has suffered is actionable in the courts, you can contact the legal team at Brown, Paindiris & Scott By calling Attorney Cody N. Guarnieri, Esq. at (860) 522-3343.
For more information on medical malpractice issues, visit our webpage on the topic.