Connecticut Medical Malpractice Laws

A plaintiff may obtain a 90-day extension of both the statute of limitations and statute of repose to allow time for the required pre-suit review by a similar health care provider. This extension is available by making a good faith showing of merit.

If the healthcare provider fraudulently conceals the cause of action, the statute of limitations is tolled during the period of concealment.

Connecticut does not impose any cap on economic damages (medical bills, lost wages, future care costs) in medical malpractice cases.

Connecticut does not impose any cap on non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) in medical malpractice cases.

Punitive damages in medical malpractice follow the common law rule — limited to the plaintiff's litigation costs less taxable costs (essentially attorney fees). This Connecticut-specific rule makes punitive damages relatively modest compared to other states.

Before filing a medical malpractice complaint, the plaintiff's attorney must make a reasonable inquiry and file a certificate of good faith stating there is a good faith belief that grounds exist for the action. The certificate must be accompanied by a written and signed opinion letter from a similar health care provider.

The opinion letter must detail the basis for the expert's opinion that there are grounds for a good faith belief that medical negligence occurred. Failure to attach the opinion letter is grounds for dismissal of the complaint.

The standard of care is measured against what a "reasonably prudent similar health care provider" would do. Under subsection (c), a "similar health care provider" must be trained and experienced in the same specialty and board-certified in the same specialty. Under subsection (d), the court has broader discretion to allow experts with "sufficient training, experience and knowledge" from a related field.

Hospitals may be held directly liable for the negligence of employees and agents. Connecticut courts also apply apparent agency doctrine — if a patient reasonably believes a physician is an employee of the hospital, the hospital may be liable even for independent contractor physicians.