Confusing the Connecticut statute of limitations with the statute of repose is one of those mistakes in life that could cost you dearly if you have been injured by a doctor error or other medical professional negligence. Both statutes set time limits for filing a claim for compensation, and failing to comply with them could result in the dismissal of your medical malpractice lawsuit.
The statute of limitations for filing a lawsuit for damages from a personal injury caused by hospital negligence, anesthesia error or surgical error is two years from the date of your injury. If the injury was of a type that could not be immediately discovered, such as a surgical instrument or sponge left in your body during surgery, the two years is calculated from the date you realized that a surgical error had occurred.
Even though your case might come under this so-called “discovery rule” for calculation of the statute of limitations, you have to be careful because of the statute of repose. Although the statute of limitations might be longer in cases involving a hidden injury or worsened medical condition, it does not go on forever. The statute of repose requires that claims for compensation based on the discovery rule must be filed within three years from the date the act was committed, or it will be dismissed.
There are other rules pertaining to the calculation of the time you have within which to file a claim against a doctor for medical malpractice that simply add to the potential for mistakes being made. If you have been the victim of a misdiagnosis, failure to diagnose or other act negligence by a health care provider, your best course of action is to consult with a medical malpractice attorney as soon as you realize that you might have suffered a personal injury.