Connecticut Medical Malpractice Statute of Limitations [2025 Updated]

If you were harmed by a healthcare provider in Connecticut, you may be entitled to compensation. However, you may be surprised to learn that Connecticut has complex laws that dictate when a damages claim may be filed. Let’s explore relevant claim deadlines and the Connecticut medical malpractice statute of limitations.

Connecticut Medical Malpractice Statute of Limitations

Connecticut uses two different legal phrases in the context of medical malpractice. One is the statute of limitations, which means the time limit to bring a case. The other is a statute of repose. In contrast to Connecticut’s statute of limitations, a statute of repose is an absolute bar to prevent a claim entirely. It sets clear deadlines based on the passage of time and prevents a potential court case completely.

For medical malpractice claims, the statute of limitations generally is two years from the date your injury was first sustained or first discovered or when it reasonably should have been discovered based on reasonable care. This deadline for filing a medical malpractice claim starts ticking essentially when you discover you’ve been injured or when you should have discovered the injury with reasonable diligence.

However, Connecticut’s statute of repose requires a claim to be filed within three years from the date of the suspected medical negligence, regardless of the discovery date. This is considered a hard deadline. Regardless of when you actually discover your injury, you must file a legal claim within three years, or you’re barred from starting a claim with the Connecticut courts.

In general, you typically have two years to file a claim for medical malpractice in Connecticut, but you must file within three years of the medical negligence, or your claim is barred.

Under Connecticut General Statute § 52- 190a (b), sometimes a 90-day exception is available. This exception is worth discussing with a knowledgeable Connecticut-licensed attorney. Statutes of limitations are a very nuanced area of Connecticut law that an attorney can explain further. It’s important to meet with an attorney about your claim right away to understand the specific circumstances of your claim and make sure you file within the required timeframe.

Important Connecticut Medical Malpractice Laws

Connecticut modified its medical malpractice laws to ensure more practical application and fairness to both patient victims and healthcare practitioners.

Connecticut no longer has a limit on the non-economic recovery for victims of medical negligence. Connecticut courts may still review an award to ensure it’s within reason.

Under the legal theory of modified comparative negligence, victims may recover damages if they’re less than 51% at fault for their injuries. If they’re found over 51% at fault, they’re prevented from recovering for their claim.

Also, Connecticut requires a certificate of good faith from a credible medical witness before submitting a claim of medical malpractice. The medical witness is required to have experience in a healthcare field similar to that of the provider suspected of negligence. If the professional witness does not provide an opinion that medical negligence likely occurred, the victim’s claim cannot proceed.

The new requirement of the certificate of good faith helps the court determine liability and understand the relevant medical standard of care. A professional witness can provide a medical opinion to prove causation and negligence.

Professional opinions can also help to educate Connecticut juries about the applicable standard of medical care that should have been used in a specific situation. Then, it can help show whether the provider deviated from the standard of care and whether that behavior caused patient harm.

For help after suspected medical negligence, contact a trusted Connecticut-licensed attorney familiar with medical malpractice claims. They can help evaluate your claim, and typically, they can get more compensation for victims than those working alone.

FAQs

Q: Since the Connecticut Statute of Limitations Is in Effect, Are Many Medical Malpractice Claims Filed?

A: Throughout Connecticut, the statute of limitations has ensured that victims file their medical malpractice claims in a timely manner and before evidence has gone stale. Of note, the Connecticut Insurance Department’s Medical Malpractice Report from 2024 shows there were 2,387 medical malpractice cases closed during the five-year study period.

Of those claims, 1,294 were resolved in favor of the victim, who received a settlement payment, and 1,093 were resolved for the defendant healthcare providers.

Q: How Many Cases Do Victims Win in Connecticut Courts?

A: While each case is unique, and the likelihood of winning depends on the strength of your evidence, a substantial number of cases are filed within the relevant statute of limitations and result in court awards.

The Connecticut Insurance Department’s Medical Malpractice Report noted that about 28% of the claims that went through a courtroom were won by the patient victim. Should you need to file a claim, it’s important to speak with an experienced CT attorney

Q: Assuming I File on Time, What’s the Connecticut Burden of Proof for Medical Negligence?

A: Assuming you file within the statute of limitations, the burden of proof for a medical negligence claim in Connecticut involves proving that your provider owed you a duty of care, they breached their owed duty of care, and the injury you suffered was caused by their breach of duty. Also, you must prove you suffered damages for which you can be compensated financially, which often involves medical bills, wage loss, and more.

Q: What’s the Likelihood of Winning a Connecticut Medical Malpractice Claim?

A: In Connecticut, the likelihood of winning a medical malpractice claim often depends on the skill level of your attorney, the seriousness of your injuries, and the strength of your evidentiary support.

The Connecticut Insurance Department’s Medical Malpractice Report notes you have about a 54% chance of winning your claim. Your likelihood of winning increases significantly when you’re represented by an attorney with a track record of winning medical negligence claims.

Consult an Experienced Connecticut Medical Malpractice Lawyer

To help ensure you file a timely medical malpractice claim in advance of the statute of limitations or statute of repose, contact the experienced legal team at Miller, Rosnick, D’Amico, August & Butler.

With over 400 years of combined legal experience, we proudly help victims get justice. When you’re ready to get the compensation you deserve, call Miller, Rosnick, D’Amico, August & Butler to set up your free consultation.