Wilcox v. Schwartz
303 Conn. 630
| Conn. | 2012Background
- This is a certified appeal in a medical malpractice action by Kristy Wilcox and Timothy Wilcox against Daniel S. Schwartz and CBS Surgical Group, P.C.
- Plaintiffs filed a complaint with a certificate of reasonable inquiry and a written opinion from a similar health care provider under § 52-190a(a).
- Trial court dismissed, holding the written opinion lacked the detailed basis required by § 52-190a(a).
- Appellate Court reversed, holding the written opinion sufficiently detailed to satisfy § 52-190a(a) and that discovery could proceed.
- This Court granted certification on whether the Appellate Court properly held the written opinion satisfied the detailed-basis requirement.
- Court affirms the Appellate Court, ruling that the written opinion need only set forth the basis of the other provider’s view that there appears to be evidence of negligence and the factual basis for that conclusion, given the pre-discovery context.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the written opinion satisfies the detailed-basis requirement | Wilcox | Schwartz | Yes; the opinion need not spell out every act, as long as it states the standard of care and the breach with a factual basis. |
| Whether the standard of care and breach were adequately identified in the opinion | Wilcox | Schwartz | Yes; the opinion identified the standard to protect biliary structures and breach by not doing so. |
| Whether the opinion’s reference to res ipsa loquitur affects sufficiency | Wilcox | Schwartz | No; res ipsa was not required to be pleaded and the opinion can rely on other evidence to show breach. |
Key Cases Cited
- Dias v. Grady, 292 Conn. 350 (2009) (interpreted § 52-190a(a) on breach of standard of care and non-proximate causation)
- Boone v. William W. Backus Hospital, 272 Conn. 551 (2005) (discussed medical malpractice standard and injury context)
- Dias v. Grady, 292 Conn. 350 (2009) (reiterated purpose of § 52-190a(a) and pre-discovery considerations)
- Bennett v. New Milford Hospital, Inc., 300 Conn. 1 (2011) (legislative history and scope of § 52-190a(a) reform)
- Connecticut Ins. Guaranty Assn. v. State, 278 Conn. 77 (2006) (statutory construction and application)
- State v. McVeigh, 245 Conn. 209 (1998) (legislative intent and interpretation of statutes)