How Does the 'Period of Repose' Affect the Deadline for Filing a Connecticut Medical Malpractice Action When the Victim Dies from the Medical Malpractice?
As discussed above, the statute of limitations for bringing a medical malpractice action in Connecticut when the victim dies is controlled by Connecticut General Statutes § 52-555. That statute requires an action for wrongful death to be filed "within two years from the date of death, and except that no such action may be brought more than five years from the date of the act or omission complained of."
What does this language mean? A short and simplified interpretation is this: the survivors of a victim who has suffered a wrongful death by medical malpractice have two years from the date of death but no more than five years from the date that the medical malpractice or medical negligence was committed.
PLEASE ALSO NOTE TWO VERY IMPORTANT POINTS: (1) the period of repose in the wrongful death statute is different from the period of repose in the statute of limitations that applies when there is no death; in short, the wrongful death statute of repose does not have a provision for discovery of the claim; thus, a wrongful death medical malpractice claim should be filed within two years of death because there is no "discovery" rule to save; and (2) there may be other ways to save a lawsuit from being thrown out of court in addition to the period of repose. In short, before you conclude that it is too late to file your medical malpractice claim, you should consult with experienced Connecticut medical malpractice lawyers, such as the Medical Malpractice Law Group of Advocates Law Firm.
If you or a loved one has suffered a serious injury or loss caused by medical malpractice, medical negligence, or medical mistake, please contact our Medical Malpractice Law Group to arrange a free and confidential consultation.