Short answer: In Connecticut, you have a medical malpractice case only if you can answer yes to four questions — a provider owed you care, the care fell below the accepted standard, that failure caused your injury, and the injury did real, measurable harm. Then a fifth, non-negotiable one: are you still inside the deadline? A bad result on its own is not enough. This guide walks through each question the way a lawyer would on a first review.
Most people who call about a possible malpractice claim start the same way: “Something went wrong, and nobody will tell me why.” That feeling is real and it deserves an answer. But Connecticut law asks a narrower question than “did something go wrong?” — and knowing what it asks is the fastest way to figure out whether you have a case worth pursuing.
Question 1: Did a health care provider owe you a duty of care?
This is usually the easy one. If a doctor, nurse, surgeon, hospital, clinic, pharmacist, dentist or other licensed provider treated you, they owed you care. The duty exists because of the treatment relationship.
Where it gets less obvious:
- Hospitals can be responsible for their own employees, and sometimes for doctors working in their emergency departments.
- Independent physicians working inside a hospital may be responsible on their own, separate from the hospital.
- State-run facilities — UConn Health, for example — follow a different path. Claims against the State of Connecticut usually have to go through the Office of the Claims Commissioner before a lawsuit can proceed, and that process has its own timing.
Figuring out who is responsible matters as much as whether someone is. It decides where the claim is filed and who has to answer it.
Question 2: Did the care fall below the accepted standard?
This is the heart of every malpractice case, and it is where most potential claims succeed or fail.
The “standard of care” is what a reasonably careful provider in the same field would have done in the same situation. It is not perfection. Medicine carries risk, and a complication that was a known, accepted risk of a properly performed procedure is usually not malpractice — even when the result is devastating.
| Usually not malpractice on its own | Can be malpractice |
|---|---|
| A surgery that didn’t fully fix the problem | Operating on the wrong site, or leaving an instrument inside the patient |
| A known side effect you were warned about | A drug prescribed despite a documented allergy or dangerous interaction |
| An illness that progressed despite proper treatment | A cancer, stroke or infection missed when the symptoms and test results pointed to it |
| A difficult birth with an unavoidable complication | Fetal distress on the monitor that went unanswered for too long |
| A treatment choice between two accepted options | A treatment performed without the risks being explained first |
Connecticut builds this question into the lawsuit itself. Under Connecticut General Statutes § 52-190a, a malpractice case cannot be filed until a similar health care provider — someone in the same field or specialty as the one being sued — reviews the facts and writes an opinion that there appears to be evidence of negligence. That written opinion is attached to the complaint. The rule exists to stop weak cases early, and it means every legitimate claim has medical backing from day one.
You do not arrange this yourself. It is part of what a lawyer evaluating your case handles.
Question 3: Did that failure actually cause your injury?
Proving a mistake happened is not the finish line. You also have to show the mistake caused the harm — not the underlying illness, not a separate condition, not something that would have happened anyway.
This is where delayed-diagnosis cases often turn. If a cancer was missed at a stage where treatment would have changed the outcome, causation is strong. If it would have progressed the same way no matter when it was found, the case gets much harder, even though the miss was real. Medical records and expert review answer this question; opinions and hindsight don’t.
Question 4: Did it cause real, measurable harm?
A near-miss — a wrong medication caught before you took it — is alarming, but without injury there is usually nothing to recover. A viable case involves harm you can point to:
- Additional surgery, hospital time or treatment you would not otherwise have needed
- Lost income, now or in the future
- Permanent injury, disability or disfigurement
- Pain and suffering and loss of the ability to enjoy life’s activities
- In the worst cases, the death of a family member
Connecticut does not cap damages in medical malpractice cases, unlike many states. That makes the harm question especially important: what you have lost, and what you will lose, drives what the case is worth.
The fifth question: Are you still inside the deadline?
You can answer yes to all four questions and still lose the case to the calendar. Under C.G.S. § 52-584, a Connecticut malpractice claim generally has to be brought:
- within two years of when the injury was discovered, or reasonably should have been discovered, and
- never more than three years after the act or omission that caused it — even if you didn’t know about the harm yet.
A few things can change that math. When treatment for the same problem is ongoing, the clock may not start until that course of treatment ends. And § 52-190a lets a lawyer obtain an automatic 90-day extension to finish the medical review before filing. For a death caused by malpractice, a separate wrongful-death deadline applies, and claims against the State move on their own timeline.
Those rules are narrow, and they are not something to count on without advice. The honest takeaway: the review takes time, so the earlier it starts, the more options you have.
What to do right now if you think something went wrong
- Request your complete medical records — from every provider and facility involved, not just the one you suspect. You are entitled to them.
- Write down the timeline while you remember it: dates, symptoms, who you saw, what you were told, and what you asked.
- Keep every bill, prescription and discharge paper.
- Don’t sign anything from a hospital or provider about the incident before you have had it reviewed.
- Get an evaluation early. The deadline does not pause while you decide.
How a free case review with Tom Ganim works
Attorney Tom Ganim is a Connecticut medical malpractice lawyer who has practiced since 1992, from the same Main Street office in Bridgeport that his father opened in 1951. When you call about a possible malpractice claim, Tom evaluates it personally: what happened, whether the four questions above can be answered yes, and whether the deadline still leaves room to act. If the case is worth pursuing, he will tell you how he intends to hold the responsible provider accountable. If it isn’t, he will tell you that too, plainly, and it costs you nothing to find out.
Learn more on our Bridgeport medical malpractice page, see our broader personal injury practice, or tell Tom what happened.
Keep Calm. Call Tom. (203) 372-7772
Frequently asked questions
How do I know if I have a medical malpractice case in Connecticut?
You likely have a case if a provider’s care fell below the accepted standard in their field, that failure caused your injury, and the injury caused real harm — and you are still within the deadline. A bad outcome alone is not malpractice. A lawyer’s review, backed by a similar health care provider’s opinion, is how that gets answered.
How long do I have to file a medical malpractice claim in Connecticut?
Generally two years from when the injury was discovered or reasonably should have been, and no more than three years from the act or omission itself, under C.G.S. § 52-584. A 90-day extension is available to complete the required medical review, and ongoing treatment can affect when the clock starts. Wrongful-death and state claims have their own deadlines.
What is the good faith opinion letter in a Connecticut malpractice case?
C.G.S. § 52-190a requires a written opinion from a similar health care provider stating there appears to be evidence of negligence. It is attached to the complaint when the case is filed. Your lawyer arranges it as part of evaluating and preparing the claim.
Is there a cap on medical malpractice damages in Connecticut?
No. Connecticut does not cap economic or non-economic damages in medical malpractice cases. What a case is worth depends on the actual harm — medical costs, lost income, permanent injury, and pain and suffering.
What does it cost to have my case reviewed?
Nothing. Tom Ganim reviews potential malpractice claims for free and tells you honestly whether yours is worth pursuing. Call (203) 372-7772.
This article is general information about Connecticut law, not legal advice for your situation. Deadlines and outcomes depend on specific facts. Contact the firm for a free, confidential review.