New Negotiation Timelines in Connecticut Medical Malpractice Cases

April 13, 2012

New Negotiation Timelines in Connecticut Medical Malpractice Cases

The trajectory of any medical malpractice case depends on a series of factors: the complexity of the evidence proving the alleged harm, whether existing law provides clear answers about liability, and the insurance company's willingness to negotiate a solution that is fair to the injured party or surviving family members.

Negotiated settlements can provide important advantages to plaintiffs by reducing the stress and uncertainty of the legal process and providing necessary compensation more quickly to med mal victims and wrongful death survivors. One important tool used by Connecticut medical malpractice attorneys to encourage fair and prompt settlements is the offer of compromise. If formal offers to settle by plaintiffs are not accepted by the defense and the plaintiff later prevails at trial with a damages award that equals or exceeds the offer, the court must add eight percent annual interest on the final award, potentially dating back to the original filing date of the claim.

Connecticut legislators recently amended state civil trial practice guidelines to change the way plaintiffs make offers of compromise in medical malpractice cases. The new law, which went into effect on October 1, 2011, allows offers of compromise to be filed one year after the date of service of process upon the defendant. If defendants fail to respond within 60 days, their rejection of the offer is implied.

Offers of compromise previously could be filed 60 days after providing a defendant with authorization to disclose medical records, but detractors note that the system encouraged defense delays and had become so bogged down that plaintiffs had little to no incentive to tender a formalized offer. Among the supporters of the change was the Connecticut Trial Lawyers Association (CTLA), which argued that the change provides motivations for both plaintiff and defense counsel to move more efficiently through the discovery process.

Whether a medical malpractice case is based on misdiagnosis of an injury or illness, surgical errors, birth injuries, or other types of medical negligence, a client's lawyer must prepare the case for trial from the outset. By formulating a legal strategy that asserts the client's interests and clearly demonstrates his or her need for compensation, a medical malpractice attorney can take advantage of any leverage that the legal system provides for encouraging a settlement that meets a client's present and long-term needs.

Article provided by Jacobs & Quiles, LLC
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