Connecticut Medical Malpractice Laws and Statutory Rules

You've been injured in Connecticut by a careless doctor or other health care provider, and you're considering a medical malpractice lawsuit. But you have questions about Connecticut law. What do I need to prove to win my case? How long do I have to file a lawsuit? Does Connecticut limit the compensation ("damages," in legal speak) that I can collect?

You're in the right place. We'll fill you in on the basics of Connecticut medical malpractice law, answering those questions and more. We start at the beginning, with the elements of a successful medical malpractice case and how you'll go about proving them.

Elements of a Connecticut Medical Malpractice Claim

To make out a case of medical malpractice under Connecticut law, you must prove these elements:

• the standard of care
• you received substandard care
• you were injured, and
• your injury was caused by the substandard care.

Let's look at each element in more detail.

The Standard of Care

The starting point for your Connecticut medical malpractice claim is the medical standard of care. It'll be up to you (or more likely, your Connecticut medical malpractice lawyer), working with your expert standard of care witness, to prove this crucial element.

In general, the standard of care is that level of care that a reasonably careful health care provider in the community, having the same education, training, and experience as your provider, would exercise under substantially similar circumstances. More specifically, your expert will use the standard of care to describe in detail what your provider should have done to deliver acceptable care.

You Received Substandard Care

Once you prove what your health care provider should have done, you must show what they actually did (or failed to do) that resulted in you receiving substandard care. You might see this element referred to as a "breach" of the standard of care. (See Conn. Gen. Stat. § 52-184c(a) (2024).)

When your provider breaches the standard of care, the law calls it "medical malpractice" or "medical negligence."

You Were Injured

Proof of malpractice or negligence is essential for a viable medical malpractice claim, but you need more. You also must prove that you were injured. How are you worse off now than you were before your provider's substandard care? Has your original condition worsened more, or more quickly, than was expected? Did you develop a new illness or injury? Have your chances of recovery or survival decreased, or disappeared completely? Without an injury, you don't have a case.

Your Injury Was Caused by Substandard Care

This element, known as "causation," is like the bow that wraps all the other elements together. If you're unable to prove causation, your malpractice claim will simply fall apart. Many times, proving causation isn't difficult. In some cases, though, like failure to timely or properly diagnose an illness or injury, causation (or lack of it) will determine the outcome of your case.

You'll Need Expert Testimony

Proving each of these elements will require the testimony of one or more expert witnesses. An expert is a person who's qualified by education, training, or experience to testify to matters beyond the knowledge of laypersons. Connecticut law outlines the requirements for medical experts. (See Conn. Gen. Stat. § 52-184c(b)-(d) (2024).)

Suppose, for instance, that the defendant (the provider you're suing) was a board certified neurologist with advanced training in injuries and conditions involving the spinal cord. You'll need an expert who's also board certified in neurology, and with advanced training or experience in injuries and conditions of the spinal cord, to testify to:

• the standard of care
• how it was breached, and
• how that breach caused your injuries.

It's up to the judge to decide whether your experts (and the defendant's experts) meet the requirements to testify in your case.

Connecticut's Medical Malpractice Statute of Limitations

A "statute of limitations" is a law that puts a deadline on your time to file a lawsuit in court. Try to file after the statute of limitations has expired and, unless there's an exception that extends the filing time, your case will be dismissed. You won't have any luck trying to negotiate a settlement either, because as far as Connecticut is concerned, you no longer have a claim to settle.

Long story short: A statute of limitations is a claim killer, a job it does very efficiently.

The General Rule: Two Years to File a Medical Malpractice Suit

Connecticut's medical malpractice statute of limitations, found at Conn. Gen. Stat. § 52-584 (2024), applies to suits against physicians, surgeons, dentists, chiropractors, advanced practice registered nurses, hospitals, and sanatoriums. As a general rule, you must file a Connecticut medical malpractice lawsuit within two years from:

• the date the medical error occurred, or
• if later, the date you discovered or should have discovered the medical error (Connecticut's "discovery rule").

Sometimes you discover the malpractice immediately, on the day it happens. If so, the statute of limitations starts running right away. Other times, you might not discover the medical error for months. It's in those cases that you might rely on the discovery rule.

Just remember: It's up to you to prove you couldn't have discovered your injury sooner. The defendant certainly will challenge you, claiming that you knew or should have known of your injury sooner and, as a result, you can't benefit from the discovery rule.

Connecticut's Statute of Repose

Connecticut law puts a limit on the time you have to discover a malpractice-related injury. Called a "statute of repose," this cousin to the statute of limitations is even more deadly. Here's how it works.

Regardless of when (or if) you discover your injury, the latest you can file a medical malpractice lawsuit is three years from the date of the malpractice. The statute of repose kills your medical malpractice claim even if you never knew you had one. Effectively, it means you have just one extra year to discover a latent or hidden injury.

The "Reasonable Inquiry" Certificate Requirement

In many states, when a plaintiff (the injured patient) files a medical malpractice lawsuit, they also must file an "affidavit of merit." As the name suggests, the affidavit attests that the plaintiff (or more likely, their attorney) has had the case reviewed by a qualified medical expert who reports that the plaintiff was injured by medical malpractice.

Connecticut's answer to the affidavit of merit is called the "certificate of reasonable inquiry." (See Conn. Gen. Stat. § 52-190a (2024).) When you file a Connecticut medical malpractice lawsuit, you must attach to your complaint a certificate stating that you or your lawyer have made a "reasonable inquiry" into the merits, and based on that inquiry you believe in good faith that:

• your medical care was negligent, and
• you have grounds to sue each named defendant.

To prove your good faith, you must attach to the certificate a written report, prepared and signed by a qualified medical expert (see above). The report must:

• include the expert's opinion that you were injured by medical negligence, and
• provide factual and medical details explaining the basis for that opinion.

(Conn. Gen. Stat. § 52-190a(a) (2024).)

The court can dismiss your lawsuit if you fail to obtain and file the expert's written report. (Conn. Gen. Stat. § 52-190a(c) (2024).)

Connecticut's Mandatory Mediation Requirement

Under Conn. Gen. Stat. § 52-190c(a) (2024), unless the parties agree to a different kind of alternative dispute resolution, they must participate in at least one mandatory mediation session. The court "stays" (puts on hold) all case activity while mediation is pending.

At the first mediation session, the parties and the mediator decide whether the case can be settled through mediated negotiation. If not, mediation ends and the lawsuit picks up where it left off. If the parties agree that mediation might help them reach settlement, follow-up sessions are scheduled. The parties split the costs of mediation. (Conn. Gen. Stat. § 52-190c(c) (2024).)

No Cap on Connecticut Medical Malpractice Damages

If you win your medical malpractice case, you'll get what the law calls "compensatory damages." Meant to compensate you for your malpractice-related injuries and losses, compensatory damages fall into two categories.

Economic Damages

Economic, or "special" damages, reimburse you for losses that come out of your pocket (or sometimes, are paid by your insurance). Medical bills, amounts you pay for replacement household services like cleaning or lawn care, and lost wages are common examples.

Noneconomic Damages

Also known as "general" damages, noneconomic damages compensate you for injuries and losses that don't come directly out of your pocket. Included are things like emotional distress, disability, disfigurement, loss of enjoyment of life, and pain and suffering.

Many states limit, or "cap," noneconomic damages in medical malpractice cases.

Connecticut Isn't a Cap State

Connecticut law doesn't cap medical malpractice damages, economic or noneconomic. If you win your case, you can collect the full amount of compensatory damages you're able to prove, without arbitrary limitations. Connecticut does limit punitive damages, but those rarely are awarded in medical malpractice lawsuits.

Get Help With Your Connecticut Medical Malpractice Case

Medical malpractice cases are notoriously difficult, expensive, and time consuming. No matter how simple or straightforward the facts might seem, there's no such thing as a "slam dunk" malpractice suit. Many lawyers who handle other kinds of injury cases won't touch a medical malpractice claim, because the chances of a mistake are just too great.

Don't take needless risks with your case. A seasoned Connecticut medical malpractice attorney will guide you through the process and gives you the best chance of a successful outcome. The health care provider who injured you will be represented by counsel. To make it a fair fight, you should be too.

Here's how to find the right Connecticut medical malpractice lawyer for you and your case.