In Connecticut, an injured patient (or a legal representative for a minor or incapacitated person) can sue a health-care provider for medical malpractice; if the patient died, the estate’s executor/administrator sues for wrongful death—subject to CT’s 2-year/3-year filing limits, a required good-faith certificate with an expert opinion, and proof of a breach of the medical standard of care. Justia Law+3Justia Law+3Justia Law+3
Who can sue (CT)
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Injured adult patient. The patient files directly. Justia Law
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Minor or incapacitated patient. A parent, guardian, or court-appointed representative (e.g., conservator/guardian ad litem) may sue on the patient’s behalf. Connecticut Judicial BranchConnecticut General Assembly
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If the patient died (malpractice-related). Only the executor or administrator of the estate brings the wrongful-death action; recovery goes to the estate for distribution. Justia Law
Who can be sued
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Physicians, surgeons, nurses, APRNs, dentists, podiatrists, chiropractors, therapists, psychiatrists, and other licensed health-care providers, plus hospitals/clinics (including vicarious liability for employees). (CT law defines the standard of care and expert qualifications.) Justia LawFindlaw
What you must prove (elements)
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Duty & relationship: A provider–patient relationship existed (duty of care).
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Breach of the medical standard of care: Deviation from what reasonably prudent similar health-care providers would do under the circumstances (C.G.S. §52-184c). Justia Law
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Causation & damages: The breach caused injury and resulted in losses (medical costs, lost income, pain and suffering, etc.). (General negligence principles under CT law.) Justia Law
Connecticut-specific filing requirements
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Good-Faith Certificate + Expert Opinion Letter. The complaint must include (1) an attorney certificate of good faith and (2) a written, signed opinion from a “similar health-care provider” stating there appears to be evidence of negligence. Courts may allow a 90-day extension to obtain the opinion. (C.G.S. §52-190a.) Justia LawConnecticut General Assembly
Deadlines (statute of limitations)
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Medical malpractice: File within 2 years of when the injury was sustained or discovered (or should have been discovered), but no later than 3 years from the act/omission (statute of repose). (C.G.S. §52-584; the 90-day §52-190a extension can toll both the 2- and 3-year periods.) Justia Law
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Death from malpractice: Wrongful-death actions are brought by the estate’s representative under §52-555 (different timing rules apply). Justia Law
FAQs (for “People also ask” & on-page SEO)
Can parents sue for a child’s medical malpractice injuries in CT?
Yes. A parent/guardian or court-appointed representative can bring the claim on behalf of a minor. Connecticut Judicial Branch
Do I need an expert before filing?
Yes. CT requires a good-faith certificate and a supporting expert opinion letter from a similar health-care provider attached to the complaint. (§52-190a.) Justia Law
What is CT’s deadline to sue for medical malpractice?
Generally 2 years from discovery of the injury, no more than 3 years from the act/omission (with a potential 90-day extension under §52-190a). (§52-584.) Justia Law
Who files if malpractice causes death?
Only the executor/administrator files a wrongful-death suit; proceeds go to the estate for distribution. (§52-555.) Justia Law