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MEDICAL MALPRACTICE: Superior Court dismisses claim against nursing home where claimant failed to obtain necessary written opinion of healthcare provider to substantiate negligence claim

MEDICAL MALPRACTICE: Superior Court Dismisses Claim Against Nursing Home Where Claimant Failed To Obtain Necessary Written Opinion Of Healthcare Provider To Substantiate Negligence Claim

The negligence claim arose out of an allegation that a resident of the nursing home facility fell and that the defendants did not adhere to a pre-admission fall assessment. The Superior Court holds that these allegations sound in medical malpractice since they relate to medical diagnosis or treatment and/or involved the exercise of medical judgment.  Since the plaintiff had failed to obtain a written opinion from a similar healthcare provider prior to the filing of the lawsuit as required by General Statutes §52-190a, the Superior Court dismisses the plaintiff’s claim.

Feingold v. Watermark, CV15-6026978 (June 21, 2016)