Connecticut Medical Malpractice Lawyer

Connecticut malpractice cases are won or lost on preparation. The state requires expert support before filing, and its deadlines leave little room for delay.

How long do you have to file a Connecticut malpractice claim?

Generally two years from when you discovered, or reasonably should have discovered, the injury. No matter when it was discovered, most claims must be filed within three years of the act or omission.

Connecticut recognizes doctrines that can extend those dates in specific situations. Under the continuing course of treatment doctrine, the clock may not start until the provider stops treating the condition that was mishandled. A similar rule can apply when a provider had a continuing duty to warn and did not. Fraudulent concealment of the error can also toll the deadline. These doctrines are fact-specific, and courts apply them narrowly.

Connecticut also allows an automatic 90-day extension of the deadline, obtained by petition, so the attorney can complete the required pre-suit investigation. That extension is meant for review, not delay.

What is the good faith certificate and opinion letter?

Before filing, the attorney must reasonably inquire and certify that there are grounds for a good faith belief that negligence occurred. That certificate must be supported by a written, signed opinion from a similar health care provider.

A similar provider generally means someone trained and experienced in the same specialty as the defendant. A general physician's opinion against a specialist may not qualify. The opinion must explain the basis for concluding that the standard of care was breached. If it is missing or legally inadequate, the case can be dismissed, sometimes after the deadline has passed. Our team builds the record and secures qualified opinions early.

What kinds of errors lead to Connecticut malpractice claims?

Most claims involve a failure to diagnose, a mistake during treatment, or poor follow-up. Connecticut's health care landscape ranges from large academic medical centers to community hospitals, urgent care clinics and nursing homes.

• Delayed diagnosis of cancer, stroke, heart conditions or infection.
• Surgical errors, including injuries to nearby organs and retained items.
• Medication and anesthesia mistakes.
• Labor and delivery errors causing brain or nerve injury; see our birth injury practice.
• Failure to act on abnormal test results or imaging.
• Neglect and preventable falls in long-term care; see our nursing home abuse practice.

Does Connecticut cap malpractice damages?

No. Connecticut does not cap economic or noneconomic damages in medical malpractice cases. A jury may award what the evidence supports for medical costs, lost earnings, pain and suffering, and loss of life's enjoyment.

Without a cap, the strength of the evidence drives value. Life care plans, economists and treating doctors help show future needs. A spouse may also bring a separate claim for loss of consortium, which compensates for the effect of the injury on the marriage.

Because there is no ceiling, defense teams focus instead on causation, arguing that the patient's underlying illness, not the error, caused the harm. A delayed cancer diagnosis case, for example, often turns on how far the disease had progressed at the time it should have been caught. Oncologists, radiologists and other specialists help answer that question with evidence rather than speculation.

Can a patient's own fault reduce the award?

Yes. Connecticut's modified comparative fault rule applies, so damages are reduced by the patient's share, and recovery is barred if the patient's fault exceeds the providers' combined fault.

Suppose a patient missed a follow-up appointment after an abnormal biopsy result, but the clinic also never called to report the result. A jury values the harm at $600,000.

• Patient 25% at fault: recovery of $450,000.
• Patient 50% at fault: recovery of $300,000.
• Patient 51% at fault: recovery of zero.

Phone logs, patient portal messages and office policies on reporting results often decide these disputes.

How should you begin a Connecticut malpractice case?

Collect records, write a timeline and get a legal review well before the two-year mark.

1. Request complete medical records, including imaging and nursing notes.
2. Write down when symptoms began and when you learned of the error.
3. Keep notes from later doctors who identified the problem.
4. Do not sign releases or settlement papers from a provider without advice.
5. Contact our team for a free case review. Our medical malpractice practice and Connecticut injury overview offer more detail, and our Connecticut wrongful death page covers fatal cases.