Statute of Limitations Explained: Why Is It Important in Medical Malpractice Cases?
Connecticut sets a time frame for medical malpractice lawsuits to be filed. This is known as the statute of limitations. Within this time frame, victims or plaintiffs must file their suit; waiting after the time runs out means forfeiting their right to compensation. However, not many people know about the statute of limitations and why the law sets it.
In this article, we will discuss the statute of limitations according to the law in the state of Connecticut. We will also explain why there is a deadline for when victims can file a medical malpractice claim in the state.
Statute of Limitations on a Medical Malpractice Claim
The statute of limitation is a time limit the law places on medical malpractice suits for when victims can initiate legal proceedings. The time typically starts from when the harm occurred or when the plaintiff noticed it. In Connecticut, you have two years from the time your healthcare provider treated you to recognize that you have suffered an injury and file a claim. Once this deadline has passed, the victim can no longer bring civil or criminal actions against the at-fault party. In exceptional cases, the statute of limitations may be suspended for some time. One such case is when it involves a minor; the suspension extends until the victim reaches legal age. Meanwhile, although nearly all civil actions are subject to this time limit, more serious criminal offenses are often not. You can discuss your case with experienced attorneys at Berkowitz Hanna Malpractice & Injury Lawyers and understand the applicable laws as well as your best legal options moving forward.
The Importance of Statute of Limitations
Filing a medical malpractice claim after the statute of limitations has expired is a waste of time. The healthcare provider will file a motion to dismiss, which the court will grant. That is because once the deadline passes, you lose every right to hold the provider responsible for the harm they caused you. However, before considering this as unjust or unfair, here are some reasons why the statute of limitations law exists.
- Preventing Unfair Legal Action
While it may seem as if the statute of limitations is a ploy to deny you justice, there are justifications for the law. One of the primary reasons this law exists is to protect the rights of defendants and prevent unfair legal action.
- Loss of Reliable Evidence
Furthermore, the law exists because relevant evidence is often either contaminated or lost once the case has become too prolonged. If that happens, it would be unfair to continue with the case, as it can lead to an unjust verdict. A time limit promotes prompt filing of claims, while evidence is still available.
- Unreliable Eyewitness Account
Relevant eyewitness testimony is another reason for the law, especially since people’s memories can be affected by time. When no formal statement was made close to when the incident occurred, the testimony is less likely to be reliable. People’s memories fade with the passage of time; one cannot expect witnesses to accurately recall details from the incident.
- Fairness
Additionally, the rationale behind the law is that it is unfair to file a lawsuit for a crime committed in the past. However, this rationale is more applicable to civil crimes rather than serious criminal offenses, which are often not subject to the deadline.
Statute of Limitations in Connecticut
“Although most medical malpractice claims in Connecticut are subject to the statute of limitations, there are exceptions to the law,” says Attorney Russell Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers. The courts recognize that not all injuries reveal themselves immediately, especially after surgery or medical procedures. The “discovery rule” pauses the statute of limitations if the injury was not immediately obvious to the plaintiff. Connecticut also has a statute of repose on medical malpractice claims, which is three years from the date of the medical malpractice, regardless of when the victim discovers their injury. It establishes an absolute deadline by which legal action must be initiated. In the case of a wrongful death lawsuit, the statute of limitations is two years from the patient’s date of death but not more than five years from the date of the malpractice.
