What is the Statute of Limitations for Filing a Connecticut Medical Malpractice Action When the Victim Does Not Die from the Medical Malpractice?
If a victim of medical malpractice in Connecticut does not die as a result of that malpractice, the complaint must be filed within two years from the date the injury is first sustained or reasonably discovered, but NO LATER than three years from the date of the negligent act.
The statute of limitations that applies to medical malpractice claims when the victim does not die is Connecticut General Statutes § 52-584, which provides in relevant part: "No action to recover damages for injury to the person ... caused by negligence 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 ...." Although the list of medical providers in the statute obviously does not list all the types of people that provide medical care, this statute will still apply because of the catch-all phrase "caused by negligence." For example, although the statute does not refer to nurses, physician's assistants, EMTs, paramedics, lab techs, etc., it still applies to medical malpractice claims against them.
PLEASE ALSO NOTE THIS IMPORTANT POINT: there may be ways to save a lawsuit from being thrown out of court even if it appears that it is too late to file an action for medical malpractice. 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 MedicalMalpractice.pro Team 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 MedicalMalpractice.Pro Team to arrange a free and confidential consultation.