What is the Statute of Limitations for Filing a Connecticut Medical Malpractice Action When the Victim Dies from the Medical Malpractice?
If a victim of medical malpractice in Connecticut dies as a result of that malpractice, the complaint must be filed within two years from the date of death, but NO LATER than five years from the date of the negligent act or omission.
The statute of limitations that applies to medical malpractice claims when the victim dies is Connecticut General Statutes § 52-555, the Wrongful Death statute, which provides in relevant part: "In any action surviving to or brought by an executor or administrator for injuries resulting in death, whether instantaneous or otherwise, such executor or administrator may recover from the party legally at fault for such injuries just damages together with the cost of reasonably necessary medical, hospital and nursing services, and including funeral expenses, provided no action shall be brought to recover such damages and disbursements but 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."
PLEASE ALSO NOTE THIS VERY 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 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.