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.
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.
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.
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.
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.
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.
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