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What is the Deadline for Filing a Lawsuit for Medical Malpractice Committed in Connecticut?
In general, a living victim has two years from the date of the medical malpractice to file a lawsuit; and the survivors of a dead victim of medical malpractice have two years from the date of death to file a lawsuit. We say, "in general," however, because the issue can be complicated by a number of factors.
Also, in cases against either the State of Connecticut or the United States, a special form of notice must be filed before one can file a lawsuit and these notices typically should be filed within one year of the date of the malpractice.
To answer this question accurately, you need to consult with a Connecticut lawyer with experience in handling Connecticut Medical Malpractice claims. And that lawyer would probably need to know many facts, such as names of potential defendants and the dates of treatment, so that he or she could figure out which notice requirements and which statutes of limitations might apply and whether any exceptions exist to extend those deadlines.
For example, here is a list of some of the things we might want to know at Advocates Law Firm in order to answer the question:
Were any of the medical providers employees or agents of the State of Connecticut when they provided the medical treatment?
Were any of the medical providers employees or agents of the United States when they committed the medical malpractice?
When did you first discover you that had a claim for medical malpractice?
When did you first identify the medical provider that committed the medical malpractice?
Did the victim die as a result of the malpractice?
Was there a continuing course of treatment by the patient with the target medical provider? If so, when was the last date of treatment with that medical provider? Did the medical provider intentionally or fraudulently conceal the malpractice from the patient or the patient's survivors?
Was a 90 day extension for filing the lawsuit granted before the statute of limitations had expired?
As you can see, this issue is not always simple. If you have a potential medical malpractice claim, call the Medical Malpractice Law Group at Advocates Law Firm and let us figure out whether you still have time to file your medical malpractice claim in Connecticut.
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.