INJURY LAW – Superior Court dismisses action against physical therapist employed by school based on failure to provide certificate of good faith inquiry

2015-11-06 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Category: Personal Injury & Wrongful Death

Peter K. O'Keefe

Connecticut General Statutes §52-190a requires that a plaintiff making a claim against a healthcare provider obtained an opinion from a similar healthcare provider prior to the commencement of suit, stating that in the similar healthcare provider’s opinion, there exists a basis for a claim against the proposed defendant.  A copy of the opinion is required to be appended to the complaint.  The plaintiff alleged that she was a high school student who fell and was injured during a physical therapy session at school.  The defendant was a physical therapist who worked at the high school and who placed a leg brace on the plaintiff.  It was alleged that the defendant failed to provide adequate support, and that the minor plaintiff fell and was injured.  The defendant moved to dismiss, arguing that the required certificate of good faith inquiry had not been provided as required by §52-190.  The Superior Court grants the motion to dismiss, finding that the allegations were substantially related to medical treatment.  “The sole purpose of the treatment in this case was medical in nature and required professional judgment.”  Perry v. Valerio, CV-15-6026473 (September 28, 2015)

If you have a possible claim, you will need to review your options timely. For assistance, call the attorneys at Jackson O’Keefe now at (860) 276-8100.

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield and Farmington, our lawyers strive to meet the needs of area residents, making getting your legal services easier than ever.  Call us now to speak with us about your case.  860.276.8100 during business hours or 860.966.7436 any time, or email us any time at info@jacksonokeefe.com

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