Medical Malpractice Law in Connecticut

Medical malpractice law in Connecticut involves the injury or death of a patient as a result of negligence or malicious intent. Examples include: a misdiagnoses of a medical condition, failure to diagnose a medical condition, failure to provide treatment for a medical condition, or a delay in the treatment of a patient with no good reason. The state of Connecticut is a bit rare as it does not have any limit on the amount of damages in which an injured patient may collect.

 

Connecticut State Malpractice Laws at a Glance:

Connecticut State Tort Law
Statute of Limitations Two years from date of original injury and not longer than three years from act.
Damage Award Limits No limits
Joint Defendant Liability Proportionate liability for defendants
Expert Witness The expert witness must be trained in same field as defendant or have knowledge and training in a related field.
Attorney Fees Limit on attorneys fees is on a sliding scale based on awarded damages.

Expert Witnesses

Medical malpractice law in Connecticut will require a professional in the field of medicine to be a witness to the fact that the defendant either did or did not follow the standard medical procedures when the injury was caused. In the state of Connecticut this witness must have at least practiced for 5 years previously and naturally they must be licensed.

Statute of Limitations

As most other states, there is a statute of limitations when it comes to when a patient may file a lawsuit for medical malpractice. In the state of Connecticut the legal action must begin within the first 2 years after the date of the injury. Unlike other states, Connecticut does not have a statute of limitations when it comes to injured minors.

Limits on Attorney's Fees

Medical malpractice law in Connecticut does have some limits on the fees that attorneys may charge.  Lawyers in Connecticut may not charge more than one third of the first $300,000, 25 percent of the next $300,000, 20 percent of the following $300,000, 15 percent of the following $300,000, and 10 percent on any award greater than $1.2 million. Even though attorneys may be expensive, it is very important that you do not try to prosecute your case with out one.

Additional Rules and Regulations

There are a few more miscellaneous rules and regulations included in medical malpractice law in Connecticut. For example, when the parties involved in a case agree, then a screening panel is selected. The findings of this panel are completely confidential. Also, there is a discretionary periodic payment of all amounts that are more than $300,000. If the persons involved in the case cannot make an agreement on the payment schedule in the first 60 days following the court's decision, then a lump sum payment will be awarded. Finally, the state of Connecticut has a voluntary pretrial screening period in all malpractice cases. A unanimous finding is admissible in the trial.

Have you or your loved one been the victim of medical malpractice? Contact a medical malpractice attorney to receive the compensation you deserve for the outstanding medical malpractice liability.
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