Imagine that you have been seriously injured by a doctor’s medical malpractice. You have decided that you want to seek compensation for the damages and losses you have suffered. Do you know how long you have to file such a lawsuit?

The answer is cut-and-dried and rather complex all at the same time. First, the lawsuit must be brought within two years of when the injury was first suffered or when it was first discovered. In addition, there is a two-year statute of limitations for the discovery of an injury that should have been discovered if the patient received reasonable care.

However, there is a three-year period when a medical malpractice lawsuit can be filed. That is from the date of when the medical malpractice occurred. The courts in Connecticut refer to this three-limit as the “statute of repose.” The two-year limit is referred to as the “statute of limitation.”

This means that a patient has three years to file a medical malpractice lawsuit. While that seems simple enough, it does not cover a physician’s “continuing duty to warn.” In cases like that, the above time limits do not apply as long as the doctor “breaches his duty to warn the patient about the malpractice and its possible effects.”

Those who are injured because of medical malpractice or negligence deserve compensation for their injuries and losses; however, waiting too long to file a lawsuit can mean that compensation will never be seen. Physicians, medical staff and medical facilities should be held accountable when the standard of care is not upheld.

Source:  Connecticut Judicial Branch Law Libraries, “MEDICAL MALPRACTICE-STATUTE OF LIMITATIONS” Jul. 31, 2014