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Connecticut Medical Malpractice Statute of Limitations
A health care professional may be found guilty of medical malpractice, if he/she is found to be responsible for a patient’s injury or death. It may be because a proper diagnosis is not made, a medically approved standard of care is not provided, or treatment is withheld for an unreasonable amount of time. The definition is standard, but how each state handles a claim can vary greatly. For example, Connecticut requires an expert witness to be in practice for at least five years.
Time Limits for Filing a Claim in Connecticut
The statute of limitations for filing a medical malpractice claim in Connecticut is different than most every state in the union. They make no special allowances for minors or anything else. Plaintiffs have two years to bring the case before the court.
Negligence Laws
Each state has its own set of negligence laws. Usually the compensation for current and future medical bills, related to the malpractice, is standard. However, the other details of the award are discretionary laws. For example, each defendant is responsible for any award based upon his/her percentage of responsibility for the injury or death, without exception. For more information, see the chart below:
|
Code Section |
52-572h |
|
Comparative Negligence |
None |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
Comparative negligence does not bar recovery if claimant's negligence is not greater than combined negligence of defendant(s). However, damages are diminished in proportion to attributed negligence (§52-572h) |
|
Contribution Among Tortfeasors |
Yes; §52-572e; also §52-572h. Must be brought within one year |
|
Uniform Act |
None |
Award Limits in Connecticut
Although the court takes into account any payment from collateral sources, they have no limit as to the amount awarded. When the monetary figure is reached, the plaintiff is credited for any premiums paid and the payments will be reduced by insurance or other compensation.
Legal Help
In order to present a medical malpractice case before the court successfully, legal help is strongly advised. A professional attorney knows the laws, can concentrate on the minute details of the case, and make sure the plaintiff receives what he/she deserves. Compensation for injury or death can be very complicated.
