Bell v. Hospital of Saint Raphael
133 Conn. App. 548
Conn. App. Ct.2012Background
- Plaintiff, administratrix of the estate, sued Hospital of Saint Raphael for medical negligence based on emergency department care in June 2007 leading to decedent's death; claim included both wrongful death and individual medical expenses.
- Plaintiff attached a good faith certificate and a Health Care Provider's Opinion pursuant to § 51-190a, alleging negligence and detailing alleged failures in emergency care.
- The opinion letter was authored by a registered nurse and the defendant argued the author was not a 'similar health care provider' under §§ 52-184c and 52-190a; defendant moved to dismiss for failure to attach a proper opinion letter.
- Trial court dismissed under § 52-190a(c) holding the letter did not demonstrate the author’s qualifications as a similar health care provider.
- Appellate court affirmed, holding the opinion letter did not disclose the author’s qualifications required by § 52-184c (b) or (c); Lucisano v. Bisson governs that qualifications must be disclosed in the letter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 52-190a requires a similar health care provider’s qualifications in the letter. | Bell argues the certificate shows good faith and the letter's content supports a reasonable inquiry. | Hospital contends the letter must reveal author qualifications as a similar provider. | Yes; the letter must disclose qualifications to be a valid similar health care provider. |
| Whether a registered nurse can be a qualifying 'similar health care provider' for an emergency department claim. | Plaintiff contends plaintiff’s broad allegations allow RN credentials to suffice. | Defendant asserts qualifications must meet § 52-184c (b)/(c), requiring specific training/board certification. | No; the letter failed to show required qualifications under § 52-184c (b)/(c). |
| Whether dismissal was proper given the letter’s insufficiency and the controlling precedent. | Lucisano requires showing qualifications in the letter; dismissal premature only if egregious conduct is shown. | Dismissal is mandatory when § 52-190a(a) requirements are not met. | Affirmed; dismissal proper under Bennett v. New Milford Hospital, Inc. and Lucisano. |
Key Cases Cited
- Lucisano v. Bisson, 132 Conn. App. 459, 34 A.3d 983 (2011) (2011) (requires disclosure of author’s qualifications in the opinion letter)
- Bennett v. New Milford Hospital, Inc., 300 Conn. 1, 12 A.3d 865 (2011) (2011) (dismissal mandatory when § 52-190a(a) not complied with)
- Morgan v. Hartford Hospital, 301 Conn. 388, 21 A.3d 451 (2011) (2011) (attachment of the opinion letter is a prerequisite to filing; lack of proper letter affects jurisdiction)
- Plante v. Charlotte Hungerford Hospital, 300 Conn. 33, 12 A.3d 885 (2011) (2011) (failure to supply an opinion letter general form issue; jurisdictional concerns)
- Dias v. Grady, 292 Conn. 350, 972 A.2d 715 (2009) (2009) (legislative history of § 52-190a(a) and purpose of good faith certificate)