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Medical Malpractice Law

Medical Malpractice Law Appellate Court Opinion

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=91

AC37569 - Helfant v. Yale-New Haven Hospital (Medical malpractice; "The plaintiff, Nancy Helfant, in her capacity as the executrix of the estate of Irwin Helfant, the decedent, and in her individual capacity, brought this medical negligence action against the defendants, Middlesex Hospital, Middlesex Hospital Shoreline Medical Center, Yale-New Haven Hospital, and the agents, servants, and employees of these institutions, and against John Lynch and Henry Cabin, both physicians, individually. The plaintiff appeals from the judgment of the trial court dismissing the action on the ground that the plaintiff failed to satisfy General Statutes § 52-190a by filing a written opinion of a similar health care provider that there appears to be negligence on the part of the defendants. The plaintiff claims that the court improperly determined that the opinion letter filed in the present case failed to demonstrate that the author of the letter was a similar health care provider as defined by General Statutes § 52-184c. Because we conclude that the opinion letter submitted by the plaintiff was not from a similar health care provider, we affirm the judgment of the trial court.")


Medical Malpractice Law Appellate Court Opinion

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=79

AC37413 - Gagliano v. Advanced Specialty Care, P.C. (Medical malpractice; "The defendant, Danbury Hospital (hospital), appeals from the judgment of the trial court, rendered after a jury verdict, in favor of the plaintiffs, Vivian Gagliano and her husband, Philip Gagliano, on their negligence claims against the hospital and its codefendant, Dr. Venkata Bodavula. On appeal, the hospital claims that the trial court erred by failing to grant its motions to set aside the verdict and for judgment notwithstanding the verdict. The hospital argues, and we agree, that insufficient evidence was presented from which the jury reasonably could have found that Dr. Bodavula was the hospital's agent for purposes of assisting in the plaintiff's surgery and, therefore, the hospital could not be held vicariously liable for the plaintiff's injuries. We reverse in part the judgment of the trial court.")


Medical Malpractice Appellate Court Opinion

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=68

AC38405 - Perry v. Valerio ("The plaintiff, Katherine Perry, brought this action as parent and next friend of Magan Perry, her minor daughter, against the defendants, Sharon Valerio and Cindy Jackson's Children's Therapy Services, LLC (limited liability company), seeking damages for injuries alleged to have been sustained when Magan fell while attempting to ambulate with a walker while wearing a leg brace. Valerio, an employee of the limited liability company, was providing physical therapy services to Magan at the time of the incident. The defendants filed a motion to dismiss the complaint, and the trial court granted the motion and rendered judgment dismissing the action on the ground that the plaintiff had failed to provide a good faith certificate and an opinion of a similar health care provider as required by General Statutes § 52-190a. On appeal, the plaintiff claims that the court improperly dismissed her action because it erroneously concluded that her complaint sounded in medical malpractice rather than ordinary negligence. We conclude that the plaintiff was required to comply with § 52-190a and, thus, affirm the judgment of the trial court.")


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