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★ Connecticut · medical negligence

Medical negligence settlements
in Connecticut.

By Reviewed by Abd Shanti, Founder9 min read

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 letterThe 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 wrongFailure 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 letterAn 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 sueTwo 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 damagesThe 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
★ CT · reported medical negligence outcomes

What Connecticut courts have awarded.

Real Connecticut decisions and verdicts, each linked to the court record or official report.

  • Connecticut Appellate Court · 2022
    $382,732.21 economic and $2,105,027.16 noneconomic, affirmed

    A hospital patient’s rectum was perforated during enema treatments and he needed further procedures. The jury found the hospital’s staff negligent. The hospital argued the evidence did not support the verdict; the Appellate Court disagreed and affirmed. His wife also recovered for loss of consortium.

  • Connecticut Appellate Court · 2018
    Dismissed before trial, affirmed

    A patient sued an oral surgeon over a dental implant, supported by an opinion letter from a general dentist. Because a general dentist is not a similar health care provider to an oral surgeon, the case was dismissed and the dismissal affirmed.

★ CT · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Connecticut.

  1. 1

    The opinion letter is the first battleground. Doyle lost her case because the letter came from a general dentist rather than an oral surgeon. Match the specialty of the author to the specialty of each defendant, and use the 90 day extension if the letter is not ready before the deadline.

  2. 2

    Connecticut juries can return large malpractice verdicts, and the statute that lists how pain and suffering may be reduced does not include a cap. Cockayne recovered more than $2.1 million in noneconomic damages for a perforation during a routine hospital treatment, and the verdict stood on appeal.

  3. 3

    The discovery rule helps only so far. The two years run from when the injury was discovered or should have been, but no claim can be brought more than three years after the treatment itself.

★ CT · statute of limitations
2 years from date of injury

Conn. Gen. Stat. § 52-584

★ CT · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% or more claimant fault.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Connecticut's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Connecticut · you are hereModified comparative, 51% bar2 years from date of injury—
DelawareModified comparative, 51% bar2 years from date of injuryDE · medical negligence →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · medical negligence →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · medical negligence →
MarylandPure contributory negligence3 years from date of injuryMD · medical negligence →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · medical negligence →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · medical negligence →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · medical negligence →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · medical negligence →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · medical negligence →
IndianaModified comparative, 51% bar2 years from date of injuryIN · medical negligence →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · medical negligence →
IdahoModified comparative, 50% bar2 years from date of injuryID · medical negligence →
★ CT · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Connecticut. See /methodology, /sources, and /disclaimer.