Lucisano v. Bisson
132 Conn. App. 459
| Conn. App. Ct. | 2011Background
- Lucisano sued Bisson and Cheshire Dental for dental malpractice, lack of informed consent, and vicarious liability.
- Treatment began Jan 24, 2004; endodontic treatment followed by apicoectomy and later extraction of the initial tooth, with ongoing pain.
- December 17, 2007 complaint alleged four counts; attached certificate of good faith and a three-page opinion letter alleging negligence, but the letter lacked author credentials.
- Defendants moved to dismiss under § 52-190a for failure to include author qualifications; court dismissed the action.
- Court concluded that § 52-190a requires an opinion letter by a similar health care provider with disclosed qualifications, and that the lack of credentials invalidated the letter; ruled against informed consent claim under Shortell v. Cavanagh.
- Appeal granted in part: affirmed dismissal of dental malpractice and vicarious liability, reversed and remanded regarding informed consent claim and its vicarious liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 52-190a require author qualifications? | Lucisano argues no credentials are required. | Bisson asserts the letter must show author qualifications to be by a similar health care provider. | Yes; qualifications must be disclosed; dismissal proper for lack of credentials. |
| Does § 52-190a apply to informed consent claims? | Informed consent is governed by lay standard and need not rely on § 52-190a. | Shortell demands § 52-190a applicability when multiple providers involved. | No; informed consent claim not subject to § 52-190a; remanded for further proceedings on those claims. |
Key Cases Cited
- Bennett v. New Milford Hospital, Inc., 300 Conn. 1 (2011) (defines 'similar health care provider' and governs § 52-190a results)
- Shortell v. Cavanagh, 300 Conn. 383 (2011) (informed consent not medical negligence; § 52-190a applicability clarified)
- Dias v. Grady, 292 Conn. 350 (2009) (clarifies 'medical negligence' scope under § 52-190a)
- Mason v. Walsh, 26 Conn.App. 225 (1991) (duty to disclose for informed consent in multi-provider context)