MEDICAL MALPRACTICE: Superior Court holds that claims against nursing home sounded in ordinary negligence rather than malpractice

The plaintiff alleged that she was injured when another resident ran into her while operating a motorized scooter.  The plaintiff alleged that the nursing home was negligent in failing to supervise group home members, failing to implement policies or procedures to protect the plaintiff, and failing to warn the plaintiff that the other resident had struck other residents previously.

The Superior Court holds that these allegations sound in ordinary negligence rather than medical malpractice.  The court therefore concludes that a pre-suit certificate of good faith inquiry is not required under General Statutes §52-190a.  The court notes that the plaintiff’s injuries did not arise out of a course of treatment for either the plaintiff or the other resident.

Dichiara v. Benchmark Senior Living, LLC, CV17-6033262 (Shah, J. May 5, 2017)