Archive for the ‘filing medical malpractice claims’ tag

Time Limits for Filing Medical Malpractice Claims in Connecticut

July 7th, 2015 at 7:00 am

filing medical malpractice claims, Westport Personal Injury AttorneyConnecticut state laws that can affect a medical malpractice case are varied. Moreover, it can be confusing for some parties if they are exploring whether or not they might have cause to file a claim for medical malpractice or error. Like most states, Connecticut has a legal code that mandates a statute of limitations for a party’s eligibility to file a medical malpractice claim. However, there are exceptions that may apply to the statute of limitations depending on the circumstances of the case.

Standard Two Year Statute of Limitations

The standard deadline or statute of limitations gives a complainant two years to file a lawsuit. Missing the two-year window ends the ability to file a medical malpractice lawsuit unless one of the designated exceptions for missing the initial filing time period pertains to the case.

Discovery Rule Presents One Exception

The discovery rule applies as one of the potential exceptions to the initial or standard deadline. This rule pertains to situations where a complainant has not had the time or wherewithal to become aware that he or she might have a claim for the medical malpractice suit. In Connecticut, the discovery rule allows for the standard deadline of two years to begin once a party has had a reasonable amount of time to discover an injury related to the potential case of medical malpractice.

Other Exceptions

There are additional exceptions to the statute of limitations in Connecticut. Various circumstances of the case will potentially determine if a deviation from the statute limitations will be allowed. For instance, if a defendant moves to another state after the malpractice was committed or is found to have fraudulently concealed the malpractice, the statute of limitations may be modified.

Statute of Repose

Another element of the statute of limitations is known as the statute of repose. This is a definite deadline for malpractice suits to be filed, regardless of when a plaintiff discovered an injury that was caused by medical malpractice or error. In Connecticut, there is a three-year statute of repose for filing of medical malpractice claims—no matter when the injury was discovered.

In several states, a medical malpractice lawsuit will have a limit or cap on the total amount of compensation that can be recovered by an injured party. However, in Connecticut there is no such award of damages limit in a medical malpractice case.

Consult with a CT Medical Malpractice Attorney Today

If you suspect that you or a family member has been the victim of medical malpractice or error, please do not delay in consulting with a Westport personal injury attorney to discuss your case today. Attorney Richard H. Raphael has the knowledge and experience to manage your case so you can focus on recovery. Call 203-226-6168 today.

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