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Medical Malpractice Laws in Connecticut

Posted on February 5, 2023 in

When you go to the doctor, you do not expect to leave injured or sicker than when you arrived. The same goes for a visit to the hospital, when you undergo surgery, or if you see a specialist. However, mistakes happen. When mistakes are made by medical professionals, it is known as medical malpractice and can lead to serious complications. A Connecticut medical malpractice attorney from Connolly Brennan Ralabate, PC, can help you recover compensation for your injuries.

What is The Timeline for filing a Claim?

Under Connecticut General Statutes section 52-584, you have just two years from the date you suffered the injury or from when it was reasonably discovered to file a claim. The claim can only be filed if the injury was caused “by malpractice of a physician, surgeon, dentist, podiatrist, chiropractor, advanced practice registered nurse, hospital or sanatorium.”

The clock begins ticking the date you were injured or the date at which the injury was discovered, the latter of which provides you with a little bit of wiggle room. However, the law requires all claims to be filed within three years, specifically stating that no claim for medical malpractice “may be brought more than three years from the date of the act or omission complained of.”

The statute of limitations is important to know because if you miss the three-year window to file a claim, you no longer have the opportunity to do so. This means that you will miss out on the chance to recover compensation from the medical professional who left you injured.

What is The Reasonable Inquiry Certification Requirement?

Connecticut lawmakers have created a bit of a challenge for injured patients to overcome when they wish to file a medical malpractice claim against a medical professional. According to Connecticut General Statutes section 52-190a, the injured patient is required to file a certificate with the local court that outlines the following:

  • A reasonable inquiry has been made by the injured patient or by their attorney “to determine that there are grounds for a good faith belief that there has been negligence”
  • The reasonable inquiry “gave rise to a good faith belief that grounds exist for an action against each named defendant.”

On top of this, the injured patient is also to provide the court with documentation that they obtained an opinion signed by a medical expert. The signed opinion must show that the medical expert believes the patient was injured because of medical malpractice, and they have evidence to support that claim.

The reasonable inquiry documentation is required to be filed at the same time as the initial medical malpractice claim. The court, in some instances, will grant a 90-day extension of the statute of limitations in order to complete the reasonable inquiry process.

Call a Medical Malpractice Attorney in Connecticut Today

If you have been injured by a negligent doctor, nurse, or other medical professional, you deserve to be compensated for your losses. There is no cap on damages for medical malpractice in Connecticut. Call the office of Connolly Brennan Ralabate, PC, to schedule a consultation with a Connecticut medical malpractice attorney.