In Connecticut, you generally have two years from the date you discovered the harm caused by the misdiagnosis to sue. However, there are some instances where an exception may be made, at which point you’ll have up to three years starting on the day you received a misdiagnosis, and up to five years if the misdiagnosis was a cause of the patient’s death. It is also possible to obtain an additional 90-days on top of these deadlines if certain documents are filed with the court and signed by the court before the deadlines.
Unfortunately, a misdiagnosis can drastically alter the course of a patient’s life. No matter if your condition was diagnosed incorrectly, not diagnosed at all, or diagnosed too late, you don’t deserve to suffer the consequences alone.
Instead, reach out to a Farmington medical malpractice lawyer as soon as possible. When you work with an attorney, you can rest assured that a legal professional will advocate for you and protect your rights every step of the way.
Statute of Limitations for Misdiagnosis in Connecticut
In Connecticut, the general statute of limitations for medical malpractice claims is governed by Connecticut General Statutes § 52-584. This includes claims filed for misdiagnosis cases. If the misdiagnosis is a cause of the patient’s death, then the patient’s estate representative may have a claim for wrongful death of your loved one. A wrongful death claim is governed by Connecticut General Statutes § 52-555.
Connecticut statute § 52-584 identifies two main deadlines:
- Two years from the date the injury was either discovered or reasonably should have been discovered
- Three years from the date of the negligent act or omission that resulted in your misdiagnosis—no matter when the injury was discovered
In practical terms, this means most patients have two years from when they become aware—or should have become aware—of their misdiagnosis. However, no matter what, a lawsuit for misdiagnosis cannot be filed more than three years after the misdiagnosis took place if the patient survives the malpractice.
This remains true even if you didn’t realize you were misdiagnosed until years after the 36-month mark. This dual-deadline structure makes Connecticut one of the more restrictive states in terms of time limits for medical malpractice actions.
Connecticut statute § 52-555 (the wrongful death statute) identifies two main deadlines:
- Two years from the date of the patient’s death
- Five years from the date of the negligent act or omission that resulted in your misdiagnosis—no matter when the misdiagnosis was discovered
In practical terms, this means the estate of the patient has two years from the date the patient dies to bring a lawsuit. However, no matter what, a lawsuit for misdiagnosis cannot be filed more than five years after the misdiagnosis.
This remains true even if the patient or the estate didn’t realize the patient was misdiagnosed until years after the five-year mark. This dual-deadline structure makes Connecticut one of the more restrictive states in terms of time limits for medical malpractice actions resulting in death.
Even though these limits sound like a long time, they can go by quickly, and a great deal of investigation and work must be done before a claim can be filed in court. That’s why we encourage you to reach out to a Farmington personal injury lawyer as soon as possible.
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What Triggers the Beginning of the “Discovery” Clock in Misdiagnosis Cases?
The two-year clock does not go into effect at the time of the misdiagnosis, except for cases where the injuries are immediately evident.
Instead, it begins when the patient experiences any of the three following circumstances:
- Experiences noticeable harm or worsening symptoms, or death
- Can link said harm or symptoms to a potential diagnostic error
- Is directly informed by a different healthcare provider that a diagnostic mistake took place
For example, if a patient was misdiagnosed in 2023, but they only learned about the error in 2025 after getting a second medical opinion, the two-year window might not go into effect in 2023. Rather, it could start ticking as of 2025.
That said, the three-year statute of repose means the window to file a lawsuit would still close in 2026, three years after the date of the original misdiagnosis, or one year after the discovery of the misdiagnosis or injury. The five-year statute of repose in wrongful death might allow for up to three additional years, or five years from the misdiagnosis.
Tolling Doctrines
Under particular circumstances, the two-year clock may not begin to run. Situations that could delay the start of the deadline include:
- When the medical professional continues to treat the patient for their symptoms that were misdiagnosed
- The medical professional has an ongoing duty or obligation to the patient that they are not fulfilling related to the patient’s symptoms and misdiagnosis
- A special relationship exists between the patient and the medical professional, requiring continued obligation or duty
- Wrongful conduct by the medical professional related to the misdiagnosis
- Acts of fraud to hide the misdiagnosis
But what is the statute of repose? Unfortunately, the interaction between discovery and repose can be unforgiving. Let’s take a closer look at the statutes of repose and what they may mean for you.
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The Statutes of Repose and How They Affect How Long You Have to Sue for Misdiagnosis
In the state of Connecticut, there’s something known as the statute of repose. This essentially functions as a hard cutoff point for cases involving misdiagnosis.
Even if a patient only recently realized that they were harmed, the patient is likely to be unable to sue the at-fault party if more than three years have passed since the date of the act that resulted in a misdiagnosis. This could be up to five years in the case of the death of the patient.
The statute of repose differs from the statute of limitations in a couple of ways:
- The statute of limitations is based on when the harm is discovered.
- The statute of repose is based solely on when the negligence occurred.
While your medical malpractice attorney in Farmington will likely advise you about the statute of repose, here are a few details you should know about in the meantime:
- Offers zero exceptions for delayed discovery after the three-year or five-year window expires
- Applies to all cases, even those that involve serious injury or death
- Might cause otherwise valid cases to be dismissed if they fall outside of this repose period
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Contact Our Medical Malpractice Law Firm in Farmington to Learn How Long You Have to Sue for a Misdiagnosis
If you or a loved one has suffered because of a delayed or incorrect diagnosis, you’re likely facing more than just a medical issue—you’re also dealing with uncertainty and stress on top of real harm that could have been prevented. No one should have to go through this alone.
At the law firm of Claggett, Sykes & Garza, we are the ones to call when you’re facing costly medical bills and a lot of uncertainty about your future. We are a trial law firm that fights back, and we prepare every case as though it’s going to trial—just in case.
The results speak for themselves. We’ve recovered over $1.5 billion in verdicts and settlements for personal injury victims just like you. Our motto is Big Hearts, Big Data, and Big Justice, because you deserve all three. Call now for more information about how we can help you.
