Medical negligence settlements
in Connecticut.
A Connecticut malpractice case can be dismissed before it starts if the opinion letter comes from the wrong kind of doctor. The law requires a written opinion from a similar health care provider, and the courts read similar strictly.
Facts that decide a medical negligence claim in Connecticut
| Opinion letter | The complaint must include a good faith certificate backed by a written, signed opinion from a similar health care provider that there appears to be evidence of negligence, with a detailed basis.Conn. Gen. Stat. § 52-190a(a) |
|---|---|
| If the letter is missing or wrong | Failure to obtain and file the opinion letter is grounds for dismissal.Conn. Gen. Stat. § 52-190a(c); Doyle v. Aspen Dental (Conn. App. 2018) |
| Extra time to get the letter | An automatic 90 day extension of the limitation period is granted on petition to the court clerk, on top of other tolling.Conn. Gen. Stat. § 52-190a(b) |
| Deadline to sue | Two years from when the injury is sustained or discovered, never more than three years from the act or omission. The statute names malpractice by physicians, surgeons, dentists, chiropractors, nurses and hospitals.Conn. Gen. Stat. § 52-584 |
| Limits on damages | The statute listing reductions to noneconomic damages does not include a cap. Economic damages are reduced by collateral payments without a repayment right.Conn. Gen. Stat. §§ 52-572h(a), 52-225a |