Wilkins v. Conn. Childbirth & Women’s Ctr.

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Plaintiff filed a medical malpractice action alleging negligence on the part of employees or agents of Defendants, Connecticut Childbirth & Women’s Center and Women’s Health Associates, P.C., during the delivery of her child and at postpartum office visits. Defendants moved to dismiss the complaint pursuant to Conn. Gen. Stat. 52-190a(c) on the ground that the physician opinion letter submitted by Plaintiff failed to satisfy the requirements of section 52-190a(1) because the letter was not authored by a similar health care provider, as defined in Conn. Gen. Stat. 52-184c(c). Specifically, because Plaintiff brought this action principally on the basis of vicarious liability for the alleged negligence of certain certified midwives, Defendants argued that Plaintiff was required to submit an opinion letter authored by a certified nurse-midwife or registered nurse. The trial court granted the motion and dismissed the complaint. The Supreme Court reversed, holding that because Plaintiff provided an opinion letter of a physician who is board certified in obstetrics, which is the same specialty practiced by the nurse-midwives, Plaintiff fulfilled the requirements of section 52-184c(c) and 52-190a. Remanded. View "Wilkins v. Conn. Childbirth & Women's Ctr." on Justia Law