Health Justice Transformation - Connecticut

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None.

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence. However, the court may reallocate damages (after a year) if court determines damages are uncollectible.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes, benefits from collateral sources must be disclosed and used to reduce recoverable economic damages, less any amount paid by plaintiff to secure the benefit.

Provisions for the Periodic Payment of Damages Over Time Fees

For awards in excess of $200,000, the court allows parties to negotiate for 60 days on an agreement for method of payment including lump sum or periodic payment or combination. If parties cannot agree, court will order a lump sum payment.

Limitation of Plaintiff’s Attorneys Fees

Yes, limited to 33.3% of first $300,000; 25% of the next $300,000; 20% of the next $300,000; 15% of the next $300,000 and 10% of any amount exceeding $1.2 million.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration is not mandated but is permitted.

Standards for Expert Testimony/Witness Expert testimony is mandatory

Expert testimony is required to prove negligence. Any health care provider may testify as an expert if he/she is a similar health care provider or the court determines the expert possesses sufficient training, experience and knowledge as a result of practicing or teaching in a related field within the last five years. An expert will be considered a similar health care provider based on the defendant's qualifications. If the defendant is board certified, the expert must be board certified. If the defendant is not board certified, the expert must be licensed in Connecticut or another state that has the same or greater qualifications and has been actively practicing for the past five years prior to the incident giving rise to the action.