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

10/31/2016 | Kathryn M. Cunningham

Category: Medical Malpractice


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)

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) 278-4040

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) 278-4040 during business hours or 860.966.7436 any time, or email us any time at

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