Wiggin and Dana's Medical Malpractice Update

March 6, 2015 Advisory

We would like to share with you two recent developments relevant to medical malpractice defense:

Statute of Limitations

The Connecticut General Assembly is considering a bill that would toll the statute of limitations for a negligence action brought by a minor. Raised Bill No. 1028 would extend the statute of limitations for a minor until one year after her 18th birthday, but no more than eight years after the treatment at issue. Public hearing on this bill is on Friday, March 6, 2015.

Apparent Agency / Continuing Course of Treatment

The Connecticut Supreme Court has accepted certification in Cefratti v. Aranow, 154 Conn. App. 1 (2014) and will consider two questions:

  1. Did the Appellate Court properly conclude that the doctrine of apparent authority does not apply to actions sounding in tort?
  2. Did the Appellate Court properly apply the ‘continuing course of treatment' doctrine in determining what constitutes an ‘identifiable medical condition' under that doctrine?