Medical malpractice occurs when a healthcare provider breaches the standard of care, resulting in harm to the patient. This could involve a misdiagnosis, surgical error, medication mistake, or failure to properly monitor a condition. However, not every negative outcome qualifies—patients must prove that a provider's action (or inaction) deviated from what a competent professional would have done under similar circumstances.

In Connecticut, the law requires a direct link between the provider's negligence and the injury. This includes showing that the harm caused financial, physical, or emotional damages that would not have occurred without the provider's failure.

Step 1: Recognize the Statute of Limitations

Timing is a major factor in filing a valid claim. Connecticut General Statutes § 52-584 outlines the time limits:

• Two years from the date the injury was discovered or should have been discovered.
• Maximum of three years from the date the negligent act occurred, regardless of when the injury is discovered.

There are limited exceptions to these rules, such as cases involving minors or fraud. Failing to file within this timeframe will likely result in the case being dismissed, regardless of its merit.

Step 2: Obtain a Reasonable Inquiry Certificate

Before a lawsuit can be filed, Connecticut law requires a certificate of good faith, also known as a "reasonable inquiry certificate." This document affirms that the plaintiff or their attorney has consulted a qualified medical expert who believes there's evidence of malpractice.

The certificate must include:

• A written opinion by the expert.
• An explanation of how the care deviated from accepted standards.
• A description of the harm caused.

This pre-filing requirement, under C.G.S. § 52-190a, aims to prevent frivolous claims and ensure that only viable cases proceed.

Step 3: Gather Medical Records and Evidence

A strong malpractice case hinges on medical documentation. Patients should request complete records from all relevant providers, including hospitals, clinics, and specialists. This helps establish a timeline and supports the expert's analysis.

Additional useful evidence includes:

• Test results or imaging scans.
• Medication logs.
• Notes from follow-up visits or second opinions.
• Photographic evidence (for surgical injuries or physical conditions).
• A detailed personal journal outlining symptoms, pain levels, and impact on daily life.

This documentation will be critical in proving negligence and damages.

Step 4: Hire a Qualified Medical Malpractice Attorney

Medical malpractice claims are highly technical and require litigation experience, familiarity with Connecticut laws, and access to a network of medical experts. An attorney will evaluate the strength of your claim, coordinate expert reviews, and handle the legal paperwork required to move forward.

Because many malpractice attorneys work on a contingency fee basis, injured patients often don't need to pay anything upfront. The lawyer only gets paid if a settlement or award is reached.

Step 5: File the Complaint in Civil Court

Once the pre-filing requirements are met, the attorney will draft and file a complaint with the appropriate Connecticut Superior Court. This document outlines:

• The names of the plaintiff and defendant.
• The factual background of the case.
• Specific acts of negligence.
• The injuries sustained.
• The compensation being sought.

Defendants are then served with the complaint and have the opportunity to respond. From this point, the formal litigation process begins.

Step 6: Prepare for Discovery

Discovery is the phase where both sides exchange evidence and gather information. In a malpractice case, this may include:

• Depositions of the patient, doctors, nurses, and expert witnesses.
• Interrogatories (written questions answered under oath).
• Requests for documents or records.

The discovery process can last months and often reveals key details that either strengthen or undermine the case. Expert testimony is usually central during this phase.

Step 7: Explore Settlement or Mediation

Most medical malpractice cases in Connecticut are resolved before trial. Either side can initiate settlement talks, and courts may encourage mediation to avoid a lengthy courtroom battle.

Settlements are often beneficial for plaintiffs because they offer:

• A faster resolution.
• Guaranteed compensation.
• Reduced legal fees.

However, if a fair settlement isn't offered, going to trial may be the only way to secure justice and full compensation.

Step 8: Go to Trial (If Necessary)

At trial, both sides present their case before a judge or jury. The plaintiff must prove:

1. The provider owed a duty of care.
2. That duty was breached.
3. The breach directly caused the injury.
4. The injury resulted in measurable damages.

Medical experts usually testify on whether the provider's actions were below standard. If the jury agrees with the plaintiff, they may award damages for medical costs, lost income, pain and suffering, and long-term care needs.

Types of Compensation Available

Connecticut does not cap damages in medical malpractice lawsuits. Successful plaintiffs may receive:

• Economic damages: Hospital bills, lost wages, rehabilitation costs.
• Non-economic damages: Pain and suffering, loss of enjoyment of life, emotional distress.
• Future damages: Anticipated medical care or reduced earning potential due to permanent injury.

Punitive damages are rare in malpractice cases but may be awarded if the provider's conduct was grossly negligent or reckless.

Conclusion

Filing a medical malpractice lawsuit in Connecticut involves more than proving a mistake—it requires clear evidence, legal expertise, and persistence. From the initial certificate of good faith to trial preparation, each step must be handled carefully to protect your right to compensation. Whether you suffered a surgical error, diagnostic failure, or another form of medical harm, understanding the process is the first step toward holding negligent providers accountable.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Connecticut medical malpractice claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.