MEDICAL MALPRACTICE: Superior Court holds that opinion letter from physician insufficient to support malpractice claim against nurses
The plaintiff alleged that nurses failed to properly monitor her objective signs and symptoms and…
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)