MEDICAL MALPRACTICE: A plaintiff is required to have an expert to support a claim arising out of a fall during physical therapy

The Appellate Court affirms the Superior Court’s dismissal of a negligence action against a physical therapist arising out of a fall during physical therapy.  The minor plaintiff allegedly suffered from myotonic dystrophy and wore a leg brace.  The physical therapist was to supervise attempts to walk with the brace and a walker.

The court holds that this claim arises out of medical negligence and therefore triggers General Statutes §52-190a, requiring a certificate of good faith from a qualified expert prior to the filing of the complaint with the Superior Court.  The court states that the claim was of a specialized medical nature because it directly involved a medical condition of myotonic dystrophy and the therapy necessary for the plaintiff to ambulate with a walker while wearing a leg brace.

Perry v. Valerlo, AC 38405 (8/23/16)