What is a 'Period of Repose' and Does It Affect the Deadline for Filing a Connecticut Medical Malpractice Action When the Victim Does Not Die from the Medical Malpractice?
As discussed above, the statute of limitations for bringing a medical malpractice action in Connecticut when the victim does not die is controlled by General Statutes § 52-584. That statute requires an action based on negligence to be filed "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 ...."
What does this language mean? A short and simplified interpretation is this: you have two years from the date that the medical malpractice was committed but you can have up to three years from the date that medical malpractice was committed if you needed more time to determine either (a) that you had been the victim of medical malpractice or (b) the identity of the medical provider that committed the medical malpractice.
PLEASE NOTE TWO VERY IMPORTANT POINTS: (1) whenever possible, file your medical malpractice lawsuit within the two years of malpractice because you do not want to have to rely on the "discovery" rule to save your lawsuit as the court might conclude you could have discovered your claim earlier; 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.