Connecticut Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense
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The statute of limitations for medical malpractice is generally two years but there are exceptions. If you are dealing with a state institution or medical provider, then there is a one year notification period. Sometimes, there are reasonable extensions that you can get, if you file within a two year period.
Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.
8 Defenses to Medical Malpractice Absence of Negligence. To establish a malpractice claim, a plaintiff will generally have to prove that: Absence of Causation. ... Good Samaritan Laws. ... Contributory or Comparative Negligence. ... Assumed Risk. ... Respectable Minority Principle.
Connecticut's statute of limitations for personal injury claims, including medical malpractice claims, is two years from the date you sustained the injury or two years from the date when you discovered or should have discovered the injury by exercising reasonable care.
Absence of Negligence The medical provider had a duty of care toward them. The provider did not meet that duty of care. The provider's failure to do so was a proximate cause of the injury.
Most Common Legal Defenses in Medical Malpractice Cases Not Below the Standard of Care/Not a Deviation. No Causation. No Damages. Natural Consequences. Assumed Risk of the Procedure/Patient Gave Informed Consent. No Guarantees. Pre-existing Conditions/Co-Morbidities. Non-Compliant Patient.
Standard Negligence Defenses For example, a doctor may argue that his care was in line with the standards upheld in the medical profession, or that the patient's injuries weren't the result of a medical error.
The statute also specifically states that no medical malpractice injury action can be brought more than three years from the date of the act or omission complained of. The two-year period is known as the statute of limitations, but the three-year period is known as the Statute of Repose.