Ugalde v. Saint Mary's Hospital, Inc.
182 Conn. App. 1
| Conn. App. Ct. | 2018Background
- Decedent died May 13, 2013 after a postoperative gastric leak following surgery performed by Dr. Shady Macaron at Saint Mary’s Hospital. Plaintiff Maria Ugalde filed a wrongful death medical malpractice action on Aug. 6, 2015.
- Complaint included a good-faith certificate and an opinion letter that failed to state the author’s professional qualifications as required by Conn. Gen. Stat. § 52-190a(a).
- Hospital moved to dismiss for lack of personal jurisdiction based on the legally insufficient opinion letter. Plaintiff sought leave to amend the opinion letter on Oct. 20, 2015 and attached a revised letter adding qualifications.
- Trial court denied leave to amend as untimely (filed after the statute of limitations plus the § 52-190a(b) 90-day extension) and dismissed hospital for lack of personal jurisdiction.
- Separately, the court entered a nonsuit as to Dr. Macaron for plaintiff’s repeated failure to comply with discovery; the court denied plaintiff’s motion to set aside and later denied her motion to reargue that denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff may amend an insufficient § 52-190a opinion letter after the statute of limitations expired | Ugalde: amendment should be allowed to cure the defective letter (Gonzales permits amendment within the limitations period; her amendment relates back) | Hospital: amendment filed after limitations is untimely; insufficient letter means no personal jurisdiction and dismissal required | Court: Denial affirmed — amendments curing an insufficient opinion letter are permissible only if filed before the limitations period expires; after expiration plaintiff must refile under the accidental-failure-of-suit statute |
| Whether trial court abused discretion by denying reargument of order refusing to set aside nonsuit entered for discovery noncompliance | Ugalde: nonsuit was disproportionate; she later complied and should get relief | Macaron: plaintiff repeatedly ignored discovery requests and court orders; nonsuit was warranted and proportional | Court: Denial affirmed — plaintiff had multiple opportunities, repeatedly failed to comply, and court did not abuse discretion in denying reargument or setting aside nonsuit |
Key Cases Cited
- Santorso v. Bristol Hospital, 63 A.3d 940 (Conn. 2013) (opinion letter that fails § 52-190a(a) is insufficient process and implicates personal jurisdiction; dismissal without prejudice).
- Plante v. Charlotte Hungerford Hospital, 12 A.3d 885 (Conn. 2011) (after dismissal under § 52-190a, time-barred claims may be saved under accidental-failure-of-suit statute if failure was simple mistake, not egregious conduct).
- Gonzales v. Langdon, 128 A.3d 562 (Conn. App. 2015) (trial court must permit amendment of an insufficient opinion letter as of right within 30 days of return day; has discretion to permit amendment within the statute of limitations but before it expires).
- Torres v. Carrese, 90 A.3d 256 (Conn. App. 2014) (distinguished where new opinion letter was obtained after statute of limitations expired and therefore could not be considered).
- Morgan v. Hartford Hospital, 21 A.3d 451 (Conn. 2011) (attachment of inadequate opinion letter results in insufficient process and implicates personal jurisdiction).
- Wyszomierski v. Siracusa, 963 A.2d 943 (Conn. 2009) (sanctions for discovery noncompliance require: clear order, violation of that order, and proportional sanction).