Wilcox v. Schwartz

Plaintiffs, Kristy and Timothy Wilcox, brought a medical malpractice action against Defendants, a general surgeon (Doctor) and his employer, alleging that Doctor negligently performed laparoscopic gallbladder surgery on Kristy. The trial court granted Defendants' motion to dismiss, concluding that the written opinion of a similar health care provider that accompanied the certificate of good faith, as mandated by Conn. Gen. Stat. 52-190a(a), did not satisfy the "detailed basis" requirement of the statute because it failed to explain the particular manner in which Doctor had breached the standard of care. The appellate court reversed. The Supreme Court affirmed, holding (1) a written opinion satisfies the "detailed basis" requirement of section 52-190a(a) if it states the similar health care provider's opinion as to the applicable standard of care, the fact that the standard of care was breached, and the factual basis of the similar health care provider's conclusion concerning the breach of the standard of care; and (2) the written opinion in the present case was sufficiently detailed to satisfy section 52-190a(a). View "Wilcox v. Schwartz" on Justia Law