PERSONAL INJURY LAW: Superior Court dismisses action against physical therapist employed by school based on failure to provide certificate of good faith inquiry

Connecticut General Statutes §52-190a requires that a plaintiff making a claim against a healthcare provider obtained an opinion from a similar healthcare provider prior to the commencement of suit, stating that in the similar healthcare provider’s opinion, there exists a basis for a claim against the proposed defendant.  A copy of the opinion is required to be appended to the complaint.

The plaintiff alleged that she was a high school student who fell and was injured during a physical therapy session at school.  The defendant was a physical therapist who worked at the high school and who placed a leg brace on the plaintiff.  It was alleged that the defendant failed to provide adequate support, and that the minor plaintiff fell and was injured.

The defendant moved to dismiss, arguing that the required certificate of good faith inquiry had not been provided as required by §52-190.  The Superior Court grants the motion to dismiss, finding that the allegations were substantially related to medical treatment.  “The sole purpose of the treatment in this case was medical in nature and required professional judgment.”

Perry v. Valerio, CV-15-6026473 (September 28, 2015)