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Medical Malpractice Law

Attorney Misconduct Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=761

AC39856 - Picard v. Guilford House, LLC ("This matter comes before this court on a writ of error brought by the plaintiff in error, Linda Lehmann, former attorney for the plaintiff in the underlying action, Angela Picard. The plaintiff in error challenges the order of the trial court, Miller, J. imposing financial sanctions upon her for misconduct while conducting an out-of-state deposition in the underlying action. We conclude that the court did not abuse its discretion in imposing the challenged sanctions. Accordingly, we dismiss the writ of error.")


Medical Malpractice Law Appellate Court Opinion

   by Booth, George

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=666

AC38224 - Wilkins v. Connecticut Child Birth & Women’s Center (Medical malpractice; "In this medical negligence action, the plaintiff Kristin Wilkins appeals from judgments in two cases, which were consolidated for trial, in favor of the defendant Women's Health Associates, P.C. On appeal, she argues that the court abused its discretion in submitting a threshold jury interrogatory and in framing its answer to a question from the jury regarding that interrogatory, and, therefore, the jury verdict, returned in the defendant's favor, should be set aside and a new trial should be ordered. We disagree and, accordingly, we affirm the judgments of the trial court.")


Medical Malpractice Law Appellate Court Opinion

   by Booth, George

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=646

AC38610,AC38657 - Simmons v. Weiss (Medical malpractice; motions to dismiss; motion to open judgment of dismissal; jurisdiction; "The defendants, Scott Weiss, Norwalk Hospital (hospital), and Scott Brown, appeal following the trial court's granting in part of the motion filed by the plaintiff, David Simmons, to open a prior judgment that had been rendered against him. On appeal, the defendants claim that the trial court improperly opened the judgment more than four months after it was rendered when no exception to the timeliness requirement existed. We conclude that the trial court did not have the authority to open the judgment. Accordingly, we reverse the trial court's ruling on the motion to open and remand the case with direction to dismiss the motion to open.")


Medical Malpractice Law Appellate Court Opinion

   by Booth, George

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=624

AC38380 - Procaccini v. Lawrence & Memorial Hospital, Inc. (Medical malpractice; "In this medical malpractice action, the defendant Emergency Medicine Physicians of New London County, LLC, appeals from the judgment of the trial court, after a jury trial, rendered in favor of the plaintiff, James M. Procaccini, administrator of the estate of Jill A. Procaccini (decedent). On appeal, the defendant claims that there was insufficient evidence supporting the jury's verdict and award of noneconomic damages. Specifically, it claims that the plaintiff failed to present sufficient evidence for the jury (1) to find that the defendant's negligence caused the death of the decedent, and (2) to award $150,000 in damages for the destruction of the decedent's capacity to carry on and enjoy life's activities. We affirm the judgment of the trial court.")


Medical Malpractice Law Appellate Court Opinions

   by Booth, George

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=610

AC38701 - Arroyo v. University of Connecticut Health Center (Medical malpractice; "In this action seeking damages for medical malpractice relating to a vasectomy, the defendants, the University of Connecticut Health Center (health center) and the state of Connecticut, appeal, following a bench trial, from the judgment of the trial court rendered in favor of the plaintiffs, Jose Arroyo and Marie Arroyo, in the amount of $386,249.81. The defendants claim that the court improperly (1) rendered judgment on a cause of action for which the plaintiffs had not obtained a waiver of sovereign immunity from the state's Claims Commissioner (commissioner), (2) awarded damages on a theory of liability that was not alleged in the plaintiffs' Superior Court complaint, and (3) concluded that the plaintiffs had satisfied their burden of proving that the defendants' employee, Peter Albertsen, a urologist, had negligently injured Arroyo's testicular artery. We disagree with the defendants' claims and, accordingly, affirm the judgment of the trial court.")

AC38576 - DiNapoli v. Regenstein (Dental malpractice; "The plaintiff, Nicole DiNapoli, appeals from the judgment, rendered after a jury trial, in favor of the defendants, Steven Regenstein, a dentist, and his practice, Novsam-Regenstein, P.C., doing business as Westport Esthetic Dental Group. The plaintiff claims that the trial court abused its discretion by (1) striking four portions of the testimony of her expert witness regarding the standard of care, (2) precluding her from presenting testimony regarding the facts that the experts relied on in forming their opinions, and (3) precluding her expert from giving his opinion in response to a hypothetical question. We affirm the judgment of the trial court.")


Medical Malpractice Law Appellate Court Opinion

   by Booth, George

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=552

AC38220 - Mahoney v. Storch Smith (Medical malpractice; motion to set aside verdict and for new trial; "This appeal arises from a medical malpractice action brought by the plaintiffs, Thomas and Roxanne Mahoney, both individually and on behalf of their minor child, Teaghan Mahoney (child), against the defendants, Lori Storch Smith and Bay Street Pediatrics, the professional corporation in which Dr. Storch Smith practiced. The plaintiffs alleged that Dr. Storch Smith was negligent in performing a circumcision on the child, who was a newborn at the time. The procedure resulted in the amputation of a portion of the glans—or head—of the child's penis. Following a trial, the jury returned a verdict for the defendants. On appeal, the plaintiffs claim that the trial court abused its discretion by (1) declining to set aside the verdict and order a new trial, and (2) discouraging the jury from rehearing expert medical testimony during deliberations. We disagree with the plaintiffs and, accordingly, affirm the judgment of the court.")


Judicial Branch Now Publishing Headnotes for its Supreme & Appellate Court Opinions

   by Booth, George

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=534

The Judicial Branch has announced that it is now publishing a syllabus (headnote) at the top of each Supreme and Appellate Court opinion:

The Judicial Branch is now posting online headnotes for both Supreme and Appellate Court opinions. These headnotes, which accompany individual Supreme and Appellate Court decisions, include a short summary of the ruling and the procedural history of a case. The Reporter of Judicial Decisions prepares the headnotes, which are not part of the opinion. As such, the opinion alone should be relied upon for the reasoning behind the decision [Emphasis added].

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Medical Malpractice Law Supreme and Appellate Court Opinions

   by Booth, George

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=412

SC19761 - Pease v. Charlotte Hungerford Hospital (Medical malpractice; motion for contempt; "The dispositive question presented by this appeal is whether a prevailing party in a civil action can enforce an unpaid award of costs through a motion for civil contempt rather than by pursuing the various postjudgment remedies authorized by chapter 906 of the General Statutes. We conclude that, under ordinary circumstances, such as those in this case, the court's inherent contempt power is not an appropriate means of enforcing an award of costs or other monetary judgment. We therefore affirm the judgment of the trial court denying the motion of the named defendant, The Charlotte Hungerford Hospital, to hold the plaintiff, Robert Pease, in contempt of court.")

AC37749 - Ruff v. Yale-New Haven Hospital, Inc. (Medical malpractice; directed verdict; expert witness; "In this medical malpractice case, the plaintiff, Michael Ruff, appeals from the trial court's granting of the motion by the defendant Yale-New Haven Hospital, Inc., for a directed verdict and the judgment rendered in favor of the defendant. On appeal, the plaintiff claims, inter alia, that the court erred in: (1) precluding the expert testimony of his sole standard of care witness, Donna Maselli, a registered nurse; and (2) granting the defendant's motion for a directed verdict based on its preclusion of Maselli's testimony. We disagree and affirm the judgment of the trial court.")


Medical Malpractice Law Supreme Court Opinion

   by Booth, George

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=380

SC19576 - Briere v. Greater Hartford Orthopedic Group, P.C. (Medical malpractice; "In this certified appeal, we are tasked with clarifying the contours of the relation back doctrine, specifically as applied to medical malpractice claims. The plaintiff, Donald Briere, brought a cause of action against the defendants, Greater Hartford Orthopedic Group, P.C. (practice group), and David Kruger, an orthopedic surgeon, alleging medical malpractice during a spinal surgery resulting in the plaintiff suffering quadriparesis. After the expiration of the relevant statute of limitations, General Statutes § 52-584, the plaintiff sought to amend his complaint. Both the original and amended complaints included claims that Kruger failed to properly plan and to perform the surgery through the use of an instrumentality in his control. The plaintiff's original complaint, however, included detailed allegations of the improper usage of a skull clamp. In his proposed amended complaint, however, the plaintiff replaced those detailed allegations with allegations of the improper use of a retractor blade. The trial court denied the request to amend, narrowly construing the original complaint as limited to a claim of the negligent usage of the skull clamp and subsequently granted the defendants' motion for summary judgment because the plaintiff had abandoned the theory that negligent use of the skull clamp had caused his injury. The Appellate Court reversed the trial court's denial of the plaintiff's request to amend, broadly construing the original complaint as a claim of negligence in performing the surgery, which could be supported by either set of factual allegations. Briere v. Greater Hartford Orthopedic Group, P.C., 158 Conn. App. 66, 118 A.3d 596 (2015). The defendants advocate for this court to adopt the narrower approach used by the trial court and to reverse the judgment of the Appellate Court. We decline to do so and affirm the judgment of the Appellate Court.")


Medical Malpractice Law Appellate Court Opinion

   by Booth, George

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=91

AC37569 - Helfant v. Yale-New Haven Hospital (Medical malpractice; "The plaintiff, Nancy Helfant, in her capacity as the executrix of the estate of Irwin Helfant, the decedent, and in her individual capacity, brought this medical negligence action against the defendants, Middlesex Hospital, Middlesex Hospital Shoreline Medical Center, Yale-New Haven Hospital, and the agents, servants, and employees of these institutions, and against John Lynch and Henry Cabin, both physicians, individually. The plaintiff appeals from the judgment of the trial court dismissing the action on the ground that the plaintiff failed to satisfy General Statutes § 52-190a by filing a written opinion of a similar health care provider that there appears to be negligence on the part of the defendants. The plaintiff claims that the court improperly determined that the opinion letter filed in the present case failed to demonstrate that the author of the letter was a similar health care provider as defined by General Statutes § 52-184c. Because we conclude that the opinion letter submitted by the plaintiff was not from a similar health care provider, we affirm the judgment of the trial court.")


Medical Malpractice Law Appellate Court Opinion

   by Booth, George

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=79

AC37413 - Gagliano v. Advanced Specialty Care, P.C. (Medical malpractice; "The defendant, Danbury Hospital (hospital), appeals from the judgment of the trial court, rendered after a jury verdict, in favor of the plaintiffs, Vivian Gagliano and her husband, Philip Gagliano, on their negligence claims against the hospital and its codefendant, Dr. Venkata Bodavula. On appeal, the hospital claims that the trial court erred by failing to grant its motions to set aside the verdict and for judgment notwithstanding the verdict. The hospital argues, and we agree, that insufficient evidence was presented from which the jury reasonably could have found that Dr. Bodavula was the hospital's agent for purposes of assisting in the plaintiff's surgery and, therefore, the hospital could not be held vicariously liable for the plaintiff's injuries. We reverse in part the judgment of the trial court.")


Medical Malpractice Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=68

AC38405 - Perry v. Valerio ("The plaintiff, Katherine Perry, brought this action as parent and next friend of Magan Perry, her minor daughter, against the defendants, Sharon Valerio and Cindy Jackson's Children's Therapy Services, LLC (limited liability company), seeking damages for injuries alleged to have been sustained when Magan fell while attempting to ambulate with a walker while wearing a leg brace. Valerio, an employee of the limited liability company, was providing physical therapy services to Magan at the time of the incident. The defendants filed a motion to dismiss the complaint, and the trial court granted the motion and rendered judgment dismissing the action on the ground that the plaintiff had failed to provide a good faith certificate and an opinion of a similar health care provider as required by General Statutes § 52-190a. On appeal, the plaintiff claims that the court improperly dismissed her action because it erroneously concluded that her complaint sounded in medical malpractice rather than ordinary negligence. We conclude that the plaintiff was required to comply with § 52-190a and, thus, affirm the judgment of the trial court.")


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