Legal Question in Medical Malpractice in Connecticut

Re: Wrongful Death

In Pennsylvania, it's basically 2 years from the date of death.

However, to preserve all the possible rights of recovery, we also need to consider the other type of claim possible for an estate, which is called the "survival act" claim.

If the death was the result of some earlier negligence (i.e., a doctor failed to diagnose cancer, for example) then the statute of limitations could run earlier.

Statute of limitation questions can be very tricky and as a plaintiff's lawyer, they are a big problem if people don't act quickly after they've been injured.

Your question also has a reference to CT, which I take to be Connecticut. I have no idea what the statute is there, and if you've got a multistate situation, it can also be very tricky to determine which state's rule controls. The only safe course is to investigate and file suit ASAP, and comply with every possible statute of limitations which might apply.

Re: Wrongful Death

The statute of limitation in Penna is 2 years from the date of death. However, in Penna. when you have a death claim you generally have a survival claim as well. The survival claim is that claim the decedent could have brought but for the death. The statute of limitations in such a claim is two years from the time you knew or should have known injury resulted from medical care. The claim can expire less than two years from the death if the injury was obvious and there was a delay in the injury resulting in death. There have been many cases in the appellate courts considering these issues and the facts of your particular case are critical to any determination as to when the statute runs as to the death claim or survival claim. Please feel free to call if you wish to discuss further.