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…
The plaintiff alleged that nurses failed to properly monitor her objective signs and symptoms and that the plaintiff was prematurely discharged, resulting in life-threatening injuries. Connecticut General Statutes §52-190a requires a pre-suit opinion letter from a “similar healthcare provider” in order to file a claim against healthcare providers.
The court holds that the opinion letter from the physician did not indicate that the physician had any experience training nurses or that the physician had training and experience as to the duties of a nurse caring for post-operative patients. The court concludes that the opinion was not established to be from a similar healthcare provider and, therefore, dismisses the claim based on the alleged negligence of the nurses.
Morgan v. Baxter, CV16-6073827 (May 16, 2017 Shapiro, J.)