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Statute of limitations in CT

Posted: Fri Feb 21, 2003 5:06 pm
by admin
We haven't even begun the legal process yet because we are focused on what is best for our daughter (surgery vs no-surgery). And because I have only recently accepted that this was an error by my OB-GYN. But I dont want to find out that we missed the time frame. Does anyone know the statute of limilations in C? ALso can you recommend a Lawyer in CT who is familiar with BPI cases? I dont want an ambulance chaser.

Re: Statute of limitations in CT

Posted: Sat Feb 22, 2003 6:53 pm
by frigger1969
Hi

In Pennsylvania, the statute for the child is 18 years from the day of birth. If you are going to sue for yourself as well, the statute for yourself and significant other is two years. You may want to chec the laws in your area though.

Re: Statute of limitations in CT

Posted: Sun Feb 23, 2003 12:13 pm
by BobG
Terri,

I think it's two years and you can file for a 6-month extension if needed. Please send me an e-mail (click on my name). I can give you more info. Here's some info I can share with everyone.

We also didn't know where to go. We waited 6 months, then found one firm. They took down some info and pulled some records, but took a wait and see attitude. After all, the literature says there can be a spontaneous recovery in the early years. They said hopefully, by the time we need to file, we won't have a case because your son will be fully recovered. Yeah right! I don't think they truly understood the injury.

We then tried another guy who did personal injury/malpractice cases, but again he really didn't understand the causes of the injury and the far-reaching long-term effects. He wanted us to pay some of the costs for bringing the case forward. I hope I never see that jerk again.

Malpractice cases aren't easy to win and could be costly to the law firm. I went to a CT legislative meeting on capping "pain and suffering" damanges portion of a malpractice lawsuit at $250,000 recently. During, the testimony, it was mentioned that last year there were approximately 360 malpratice lawsuits that were concluded in CT. 320 were settled out of court. 60% of the remining cases were won by the doc (defendant) and not the family (plaintiff).

I had read about a lawyer who had won a $2 million settlement for a family in Groton. I searched and couldn't find him and his firm. By dumb luck, when the first firm passed on the case, we wound up going to a firm that accepted. It was the firm with the lawyer I had read about. He has been involved in many BPI cases. He asked us to explain what happened. After hearing our description of that unforgettable day, he accepted the case. He had some props to really explain to us what happens in a shoulder dystocia situation and what manuevers/protocols are called for to prevent/minimize the injury.

We learned a lot from him. He also was concerned about the well-being of our son. He asked about the type of care he was receiving and mentioned some of the types of treatments/doctors/facilities that could help. We explored our options and eventually had some surgery. I don't think Alex would be as far as he is without our lawyer's help.

Also, there is a web site where you can check pending lawsuits. You can put in the delivering ob/gyn's name and see if there are other outstanding lawsuits. We were surprised to see that our doc has 4 suits outstanding. Here's the site: http://www.jud2.state.ct.us/Civil_Inquiry/GetParty.asp.

Good Luck, and if you want more info, send me an e-mail.

Bob (father to Alex L-OBPI)