Caps on Damages
In Connecticut, there is no cap on medical malpractice awards. Connecticut allows punitive damages in medical malpractice injury cases but these amounts are limited to the costs of the case and the attorney’s fees.
Caps on Attorneys Fees
Attorney contingency fee agreements in Connecticut are limited to an amount equal to a percentage of the award/settlement as follows:
(1) 33 ⅓% of the first $300,000;
(2) 25% of the next $300,000;
(3) 20% of the next $300,000;
(4) 15% of the next $300,000; and
(5) 10% of any amount which exceeds $1,200,000.
However, a claimant may waive these limitations under certain circumstances.
Statute of Limitations
The statute of limitations for negligence claims is two years from the date the injury is sustained or discovered, or when it should be discovered with reasonable care. However, a plaintiff may not bring suit longer than three years after the date the wrong occurred. The statute of limitations accrues when there is “actionable harm” and the plaintiff discovers or should discover the essential elements of a cause of action.
The Connecticut statute of limitations for wrongful death and survival actions are two years. The statute of limitations accrues on the death of the decedent.
However, a claim cannot be brought more than five years after the wrongful act occurs.
Nursing Home Residents’ Legal Rights in Connecticut
Nursing home facilities in Connecticut that offer skilled care are called chronic and convalescent nursing homes. Residents living in these long term care facilities require ongoing nursing care and substantial help with daily living activities. Connecticut facilities are required by federal and state law to provide medical and social services that are designed to promote and maintain residents’ highest levels of physical and mental functions while maintaining social interactions. Residents of Connecticut Nursing Homes have the right to:
- receive proper medical treatment
- be treated with respect and dignity by nursing home staff
- make decisions about their care and treatment
- not be restrained physically or through the use of chemicals, barring limited exceptions
- voice complaints without fear of reprisal or retaliation
- manage their own finances or request that the nursing home manage their finances
- participate in social activities and associate privately with persons of their choice
- confidentiality in sending/receiving mail
- keep their medical records confidential
- be informed of their rights in a language that they understand
- advance notice and the right to appeal a discharge or transfer
Enforcement of Nursing Home Regulations
The Connecticut Department of Public Health licenses long term care facilities and serves as the regulatory and enforcement agency for nursing homes in the state. The Department of Health conducts surveys of nursing homes in order to enforce legal requirements and ensure that nursing homes meet the minimum standards. Nursing home residents have the right to file complaints with the Connecticut Department of Health against the facility, it’s staff or other residents.
Disclaimer: This article is for informational purposes only. It is not legal advice and should not be used as legal advice. The legal statutes, laws and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.