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Prescription error to child's medication (pharmacy admitted). Does child have until 20 years old to file suit in CT?

Stamford, CT |

Large drugstore switched labels on child's medication bottles. It was new Rx so we didn't catch the error until 30-day refill. Child fell ill, much documentation. Drug titration and re-stabilization took 8 months including 4 months in out of state residential facility. The rx mix-up is admitted, injury & cost is established. Much pain & suffering to child & family, plus income loss. Pharmacy adjuster calls to settle, but we have not provided much information or signed any forms. We were told we had until child is 20 to file a lawsuit, so we have waited since pharmacy admitted it & we did not know long-term harm or prognosis. I just read 2 years statute of limitation in CT on AVVO (which we are past), but I think that's for adults. How long does a child have to file this lawsuit?

Attorney Answers 10


  1. The statute of limitations is in fact 2 years (perhaps 3 at most). I would consult with a medical malpractice attorney immediately.


  2. In New Jersey and many other jurisdictions, the statute of limitations does not begin to run until the injured person becomes an adult. Consult with a CT med mal attorney about whether this is the law in CT. Best of luck to you and your child.


  3. It is 2 years and there is no extension for minors. Who told you to wait?


  4. Waiting may not be prudent. What happens if the pharmacy goes out of business?

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  5. Connecticut law does not allow for the tolling of the statute of limitations due to the injured party being a minor. A medical malpractice case must be filed within two (2) years of actionable harm with an ultimate statute of repose of three (3) years. Actionable harm means when the injured party knows or should know that there was malpractice and that the malpractice caused some injury. If you are still within three (3) years from the date of the malpractice you may have a viable claim. This has to be followed up with an attorney immediately. I would be more than happy to discuss it with you. I can be reached at 860-667-0839.


  6. Consult with a medical malpractice attorney immediately!


  7. the statute of limitations on personal injuries two years. 3 years at the most under very circumscribed circumstances. The only time there's a tolling of the statute of limitations as far as I know in Connecticut is when it involves the sexual abuse of child. you need to get to a Connecticut medical malpractice attorney immediately but understand that it may already be too late.

    Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.


  8. 2 yr sol, 3 yr statute of repose. Call one of the above lawyers in your state if within 3 yrs


  9. The statute of limitations is generally two years for this type of case. Sometimes it can be as much as 3 years, but there is no tolling if a child is involved. When did this occur? You should probably see an attorney right away so they can get the details and determine if the statute of limitations has expired.


  10. For personal injury cases the Statute of Limitations is 2 years from the date of negligence or from the date of reasonable discovery, not to exceed three years. There are certain conditions and exceptions, all of which should be discussed with a lawyer. The direction to wait until the child reaches 20 years old is simply wrong. A parent can bring a case on behalf of their minor child. The statute of limitations dictates when a personal injury/malpractice case can be filed in the civil court system. Age has no bearing on this. I highly suggest you contact an attorney who is familiar with professional malpractice/medical malpractice/personal injury ASAP.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. This answer does not create an attorney-client relationship between this attorney and the asker, user or browser. The opinions expressed at or through this answer are the opinions of the individual author and may not reflect the opinions of the firm or any other attorney.

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