Recent Connecticut News

Court Rejects Nursing Home Immunity in Pandemic-Era Cases that Don’t Evoke COVID

A Staten Island nursing home must face a pandemic-era negligence suit that does not allege COVID missteps alone but rather broader infection control lapses, a New York appeals court has ruled. The judge’s decision limits the reach of immunity the state granted...

August 2023 Newsletter

Oregon Ruling Spurs Concerns of Medical Liability Expansion Oregon physicians face the threat of being wrapped up in product liability lawsuits following an appellate court ruling that expands medical liability far past its original intent of defective drugs and...

State Supreme Court Decisions Narrow Pandemic-Related Liability Protections for Providers

A pair of state high court rulings this week put senior living and other long-term care providers on notice that pandemic-related liability protections aren’t a given. The Connecticut Supreme Court issued two opinions on Wednesday that allow negligence claims...

Current Medical Liability Laws

Damage Caps	None
Joint Liability Reform	Yes. Defendants are responsible only for their proportionate share of negligence. However, if within one year after the final judgment the court determines that all or part of a defendant’s proportionate share is uncollectible, it shall reallocate the uncollectible non-economic damages among other defendants according to their percentages of negligence. The court may not reallocate to any such defendant an amount greater than that defendant’s percentage of negligence multiplied by such uncollectible amount.
Collateral Source Reform	Yes, benefits from collateral sources must be disclosed and used to reduce recoverable economic damages, minus any amount paid by the claimant to secure the benefit.
Attorney Fees Limited	Yes, limited to 33 1/3% of the first $300,000; 25% of the next $300,000, 20% of the next $300,000, 15% of the next $300,000, and 10% of amounts exceeding $1.2 million.
Periodic Payments Permitted	For damages exceeding $200,000, the court shall give the parties 60 days to negotiate an agreement on method of payment, either in lump sum, periodic payments, or a combination thereof. If they cannot agree, the judge must order payment in a lump sum.