Wilkins v. Connecticut Childbirth & Women's Center, 135 Conn. App. 679

Kristin Wilkins filed a medical malpractice action against Connecticut Childbirth & Women's Center and Women's Health Associates, alleging negligence during delivery and postpartum care.
Plaintiff attached a good faith certificate signed by her attorney and a physician's opinion letter stating evidence of medical negligence.
Defendants moved to dismiss under § 52-190a (c) for failure to provide a proper similar health care provider opinion under § 52-184c (c).
The opinion letter was authored by a board certified obstetrician and gynecologist, not by a nurse midwife or nurse certified in nurse midwifery.
The trial court granted dismissal, holding the letter did not meet § 52-190a (a) and § 52-184c (c); the plaintiff appealed.
This court affirmed, holding the letter was not from a 'similar health care provider' as defined in § 52-184c (c).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does an obstetrician's opinion letter satisfy § 52-190a (a) when alleging negligence by nurse midwives?	Wilkins argues an obstetrician can be a similar provider for nurse midwives.	Defendants contend only a nurse midwife or nurse certified in nursing may be the similar provider.	No; letter must be from a similar provider as defined in § 52-184c (c).
Can § 52-190a (a) be satisfied when the claim targets institutions rather than individuals?	Institutions should be covered since they employ the providers and oversee care.	Statutory definitions target individuals; institutional defendants are not explicitly covered.	No; the requirements require a letter from an individual trained and certified in nurse midwifery or nursing.

Bennett v. New Milford Hospital, Inc., 300 Conn. 1 (2011) (similar health care provider must be defined by § 52-184c (c))
Ali v. Community Health Care Plan, Inc., 261 Conn. 143 (2002) (employee acts determine negligence; health care provider definition governs who may opine)