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346 Conn. 80
Conn.
2023
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Background

  • Carpenter sued dentist Bradley Daar and his practice for malpractice after a 2015 root canal allegedly caused a serious infection.
  • Complaint included a good faith certificate and an opinion letter from Dr. Charles Solomon, an endodontist, and quoted Daar’s practice website saying he had completed “hundreds of hours of training in endodontics.”
  • Defendants moved to dismiss under Conn. Gen. Stat. § 52-190a(c), attaching Daar’s affidavit stating he is a general dentist and not an endodontic specialist; they argued Solomon was not a “similar health care provider.”
  • Plaintiff did not amend the complaint but filed Solomon’s supplemental affidavit elaborating his credentials and teaching that, he said, qualified him to be a similar provider; trial court granted dismissal and Appellate Court affirmed, relying on Morgan.
  • Supreme Court granted certification, concluded Morgan was wrongly decided on the jurisdiction point, held the § 52-190a inquiry is limited to the complaint and attached opinion letter, and reversed the dismissal.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Does the § 52-190a opinion letter implicate personal jurisdiction? Morgan was wrong; opinion letter is a prelitigation gatekeeping device, not process. Morgan controls; defect in letter affects personal jurisdiction and can be waived if not timely raised. Overruled Morgan on this point: opinion letter does not implicate personal jurisdiction; inquiry is nonjurisdictional.
May a plaintiff cure a defective opinion letter via a postfiling supplemental affidavit instead of amending complaint? Supplemental affidavit may supplement the attached letter and cure insufficiency. Allowing supplementation circumvents procedural limits and statute of limitations; amendment should be required. Court: § 52-190a inquiry is governed by complaint and attached letter; courts may permit amendment or supplementation of a challenged letter; Conboy-style jurisdictional fact-finding is not applicable.
Was Solomon (endodontist) a “similar health care provider” to Daar (alleged endodontic specialist) under § 52-184c? Broad, realistic reading of complaint + opinion letter shows Daar held himself out as an endodontics practitioner, and Solomon’s credentials made him similar. Daar’s affidavit shows he is a general dentist; website statements are promotional and not proof of specialty; Solomon lacked five years of general-dentistry teaching/practice for nonspecialist match. Held Solomon was a similar health care provider under a broad, realistic reading of the complaint and letter; dismissal improper.
Are the Conboy/Practice Book rules for jurisdictional fact‑finding applicable to § 52-190a motions to dismiss? No; those rules govern jurisdictional facts and are not applicable to statutory § 52-190a gatekeeping. Those rules allow courts to consider affidavits to decide threshold issues and to resolve disputes at dismissal stage. Held Conboy procedures are inapplicable; the § 52-190a inquiry is limited to the complaint and attached letter; courts nonetheless may allow amendment/supplementation.

Key Cases Cited

  • Morgan v. Hartford Hosp., 301 Conn. 388 (2011) (held opinion letter implicated personal jurisdiction; partially overruled)
  • Bennett v. New Milford Hosp., Inc., 300 Conn. 1 (2011) (author of opinion letter must be a similar health care provider as defined by § 52-184c)
  • LeConche v. Elligers, 215 Conn. 701 (1990) (good faith certificate is not subject‑matter jurisdictional)
  • Conboy v. State, 292 Conn. 642 (2009) (articulated framework for deciding jurisdictional issues on motions to dismiss)
  • Standard Tallow Corp. v. Jowdy, 190 Conn. 48 (1983) (due‑process minimum contacts inquiries may require evidentiary hearing)
  • Wilkins v. Conn. Childbirth & Women’s Ctr., 314 Conn. 709 (2014) (§ 52-190a intended to prevent frivolous malpractice suits without defeating meritorious claims)
  • Kissel v. Ctr. for Women’s Health, P.C., 205 Conn. App. 394 (2021) (App. Ct. applying Morgan-era rules to require strict timing and curative procedures for defective or missing opinion letters)
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Case Details

Case Name: Carpenter v. Daar
Court Name: Supreme Court of Connecticut
Date Published: Feb 14, 2023
Citations: 346 Conn. 80; 346 Conn. 124; 287 A.3d 1027; SC20524
Docket Number: SC20524
Court Abbreviation: Conn.
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