Does the tort statute of limitations in a medical malpractice case need to be borrowed?

MultiRegion, United States of America

The following excerpt is from Williams v. Walsh, 558 F.2d 667 (2nd Cir. 1977):

3 While there are other Connecticut statutes of limitations that might conceivably have been borrowed (see, e.g., Conn.Gen.Stat. 52-596, entitled "Actions for payment of remuneration for employment", setting a two-year limit and 52-584, entitled "Limitation of actions for injury to person or property", setting a one-year limit), they establish shorter periods of limitation than the tort statute, and plaintiff for obvious reasons does not even suggest them to this court as alternatives to the tort statute of limitations selected by the district court below. Therefore, the district court's choice cannot be considered an unreasonable one, particularly as Connecticut does not have a catch-all statute of limitations for liabilities created by statute of the sort which this court has adopted as the proper statute of limitations for 1983 cases litigated in New York state. See Kaiser v. Cahn, supra at 284-85.

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