Lopez v. Brown
A patient may be required to file suit within three years and 90 days of the patient's surgery, to comply with the statute of limitations. In October 2008, the plaintiff, Hector Lopez, allegedly consulted the defendant doctor and complained that he experienced pain in his arms, shoulders and neck. On March 12, 2009, the defendant doctor performed a cervical discectomy and fusion of the C4-5, C5-6 and C7-8 vertebrae. Allegedly, Lopez's symptoms worsened. On March 23, 2010, he made an appointed with Dr. Khalid Abbed, who opined that surgical hardware that had been implanted in March 2009 was not correctly aligned. The plaintiff requested and obtained a 90-day extension in which to file suit. On Nov. 2, 2011, a writ, summons and complaint was filed on the defendant doctor and was not returned to court. On May 4, 2012, the plaintiff served the current writ, summons and complaint, which were returned to court. The defendant doctor moved to dismiss and argued that the plaintiff's suit was not commenced timely, prior to the expiration of the statute of limitations. The statute of limitations in Connecticut General Statutes §52-584 provides that the suit "shall be brought . . . within two years from the date when the injury is first sustained or discovered," except that "no action may be brought more than three years from the date of the act or omission [complained] of." Allegedly, the plaintiff discovered the injury on March 23, 2010, as a result of the plaintiff's appointment with another doctor, Khalid Abbed. The plaintiff requested and obtained a 90-day extension. Construed in the light most favorable to the plaintiff, the plaintiff was required to file suit on or before three years and 90 days after the plaintiff's cervical discectomy and fusion surgery. The court denied the defendant's motion for summary on the plaintiff's May 4, 2012, complaint, because the plaintiff filed suit before the statute of limitations expired on June 10, 2012.