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Is It Too Late to File My Medical Malpractice Claim?

Written by Berkowitz

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An Attorney the Explains Statute of Limitations for Medical Malpractice Claims in Connecticut

All personal injury claims, including medical malpractice, are subject to the statute of limitations. If you have suffered an injury due to medical malpractice, the state of Connecticut imposes a strict statute of limitations. The amount of time you have depends on the circumstances of that medical injury; therefore, it is best to speak with a medical malpractice attorney as soon as possible.

The Basic Statute

If a physician injures you, your complaint must be filed within two years from the date the injury occurred or when it was reasonably discovered. But, you cannot file this any longer than three years from the time of the negligent act.

This statute can be very confusing. If you were to discover the injury a year after it occurred, you could still file the claim. But, if you found the injury six years after it occurred, you may be barred by the time limit.

The statute of limitations falls under Connecticut General Statutes Section 52-584, which states that no action to recover damages by malpractice can be brought but within two years from the date of injury or discovery date and no more than three years from the date of the act or omission.

What if You’re Past the Statute of Limitations?

Just because your injury occurred outside of the statute does not mean that you will not have the opportunity to seek compensation. You can still prevent a lawsuit from being thrown out for expiration, but you will need to consult with an attorney to explore your options. There are instances where the statute of limitations does not apply.

In general, the clock starts from the date the injury occurred or the date it was reasonably discovered.

What Does Reasonably Discover Mean?

When you assume that you have an injury due to medical negligence, this is the date of your reasonable discovery. The courts expect you to have a reasonable suspicion about your injury. As the plaintiff, the burden of proof falls on you; therefore, you must be able to prove when you discovered the injury and how. For example, you suffered from an injury that occurred during a surgical procedure, but the injury didn’t appear until two years later. You were consulted by a specialist who then attributes that new injury to the surgery you had two years ago. In this instance, your clock would start, because this is the time when you reasonably discovered your injury.

If you had that diagnosis, but then continued to wait another year, your reasonable discovery still counts as when it was diagnosed – not when you decided to file your lawsuit.

Speak With a Medical Malpractice Attorney To Understand Your Time Limitations

You may be barred by time, but there are instances where you can still file a lawsuit outside of the statute of limitations. To explore your options, you must first meet with a medical malpractice attorney. Contact Berkowitz and Hanna LLC today to schedule a no-obligation case evaluation. Call 866-479-7909 or contact us online to get started with your malpractice claim.