167 Conn. App. 734
Conn. App. Ct.2016Background
- Plaintiff Katherine Perry sued on behalf of her minor daughter Magan for injuries Magan sustained when she fell while ambulating with a walker during a school physical therapy session provided by defendant physical therapist Sharon Valerio (and her LLC employer).
- Complaint alleged Valerio negligently failed to (a) properly put on Magan’s leg brace, (b) properly supervise/monitor/support Magan while ambulating, (c) take steps to prevent Magan from falling, and (d) provide adequate support once Magan fell.
- Defendants moved to dismiss under Conn. Gen. Stat. § 52-190a, arguing the claim sounded in medical malpractice and the plaintiff had not filed a good-faith certificate or a written opinion from a similar health care provider.
- Plaintiff argued the allegations alleged ordinary negligence (e.g., routine brace securing) not requiring § 52-190a compliance because the acts did not involve medical judgment.
- The trial court applied the Trimel three-part test, concluded the claim was medical malpractice (specialized medical nature, medical professional capacity, substantially related to treatment and involving medical judgment), and dismissed for failure to comply with § 52-190a.
- The Appellate Court affirmed, holding the supervision, monitoring, assessment of ambulation, and related omissions were substantially related to treatment and required medical judgment, so § 52-190a applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 52-190a applies or claim is ordinary negligence | Alleged acts (e.g., securing brace) were routine nonmedical acts; no medical judgment required | Acts occurred during physical therapy by a licensed therapist and related to treatment; thus malpractice requiring § 52-190a compliance | Held: claim sounds in medical malpractice; § 52-190a applies |
| Whether defendant is a health care provider under the statute | Not disputed | Argued defendant is a licensed physical therapist and provider | Held: Valerio is a health care provider under § 52-190a |
| Whether alleged failures (supervision/assessment/support) are substantially related to treatment | Plaintiff: these are ordinary safety/assistance duties | Defendant: these require professional assessment and judgment as part of therapy | Held: such failures are substantially related to diagnosis/treatment and involve medical judgment |
| Whether dismissal for failure to file good-faith certificate and similar-provider opinion was proper | Plaintiff: no certificate/opinion required because claim is ordinary negligence | Defendant: dismissal proper for noncompliance with § 52-190a | Held: dismissal proper under § 52-190a(c) for failure to file required materials |
Key Cases Cited
- Trimel v. Lawrence & Memorial Hospital Rehabilitation Center, 61 Conn. App. 353 (Conn. App. 2001) (three-part test to determine whether negligence claim sounds in medical malpractice)
- Morgan v. Hartford Hospital, 301 Conn. 388 (Conn. 2011) (failure to comply with § 52-190a implicates court's jurisdiction)
- Nichols v. Milford Pediatric Group, P.C., 141 Conn. App. 707 (Conn. App. 2013) (pleading construed in entirety; § 52-190a applicability review)
- Boone v. William W. Backus Hospital, 272 Conn. 551 (Conn. 2005) (interpretation of pleadings is question of law for the court)