131 Conn. App. 823
Conn. App. Ct.2011Background
- Anghel, self-represented plaintiff, appeals after trial court granted Saint Francis Hospital & Medical Center’s motion to dismiss under §52-190a and §52-592.
- Plaintiff attached a September 15, 2010 certificate of good faith and a forensic psychiatrist’s April 20, 2006 report to his 2010 complaint.
- Defendant moved to dismiss on grounds of failure to comply with §52-190a, including lack of a reasonable inquiry and use of a psychiatrist instead of an emergency physician as the similar-provider opinion.
- The state court action followed an earlier federal action (May 15, 2003) that was dismissed; plaintiff’s appeal in federal court was pending, then ultimately dismissed by the Second Circuit in 2009.
- The appellate court held the appeal moot because the trial court had an independent basis to grant dismissal (no reasonable inquiry under §52-190a), and even if the psychiatrist opinion was not from a similar health care provider, mootness barred relief.
- The appeal was dismissed indicating that the unchallenged ground would sustain the judgment regardless of the challenged ground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the psychiatrist’s opinion satisfies §52-190a as a similar-provider opinion | Anghel contends the psychiatrist’s opinion suffices under §52-190a | Saint Francis argues only an emergency physician opinion qualifies | Moot; even if not similar-provider, other grounds support dismissal. |
| Whether plaintiff performed a reasonable inquiry as required by §52-190a before filing federal action | Anghel asserts he conducted sufficient inquiry | Defendant asserts no adequate inquiry occurred | Moot; unchallenged finding that inquiry was lacking would sustain dismissal. |
| Whether the appeal is moot due to alternative grounds for dismissal | Anghel argues for merits on §52-190a issue | Defendant relies on §52-190a and inquiry grounds | Yes; appellate review moot because other independent grounds foreclose relief. |
Key Cases Cited
- In re Jorden R., 293 Conn. 539 (2009) (mootness and threshold jurisdictional questions; practical relief required)
- Horenian v. Washington, 128 Conn.App. 91 (2011) (alternative grounds sustain dismissal; mootness applies)
- Anghel v. Saint Francis Hospital & Medical Center, 118 Conn.App. 139 (2009) (earlier appellate decision; §52-190a context in this case)