The Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH

March 5, 1997 97-R-0424

TO:

FROM: George Coppolo, Chief Attorney

You asked for a copy and summary of a recent Superior Court decision, Bessie Sloan v. St. Francis Hospital and Medical Center, 18 Conn. L. Rptr. No. 8, 288 (Feb. 3, 1997).

SUMMARY

The court concluded (Judge Hendel) that a complaint asserting a claim for injuries incurred by a hospital patient in a collision while being transported on a gurney through a hospital hallway is based on ordinary negligence rather than medical malpractice and thus does not require a good faith certificate under CGS § 52-190a.

COMPLAINT

The plaintiff filed a one-count amended complaint against the defendant hospital. She claimed she was injured while being transported on a gurney from the emergency room to her room. The defendant's agent or employees were pushing the gurney and caused it to strike a wall which in turn, injured the plaintiff.

The complaint alleged that these agents or employees were negligent in that they operated the gurney too fast in light of the width and use of the hospital hallways, failed to leave a reasonable distance between the wall and the patient and failed to keep the gurney under control.

DEFENDANT'S MOTION

The defendant moved to strike the complaint because of the plaintiff's failure to file a good faith certificate.

GOOD FAITH CERTIFICATE

No one may file a malpractice lawsuit unless the attorney or party filing the lawsuit has made a reasonable inquiry to determine that there are grounds for a good faith belief that negligence has occurred. The complaints initiating the lawsuit or the first pleading in such a suit must contain a certificate that a reasonable inquiry caused a good faith belief that grounds exist for it (CGS § 52-190a).

Good faith can be shown by a written opinion from a “similar health care provider” that there appears to be evidence of medical negligence. The court can also consider additional factors in determining good faith.

The purpose of the good faith certificate is to provide evidence of the plaintiff's good faith belief in negligence derived from precomplaint inquiry and assure the defendant that the plaintiff has made a reasonable inquiry that resulted in his good faith belief that he was the victim of malpractice (Conche v. Elligers, 215 Conn. 701 (1990)).

DEFENDANT'S ARGUMENT

The defendant claimed that a good faith certificate is required in all civil actions for personal injury based on the negligence of a health care provider. The defendant further claimed that because the plaintiff's injuries allegedly resulted from the negligence of a health care provider it is a medical malpractice case that must be proven by expert testimony and that requires a good faith certificate.

COURT'S DECISION AND REASONING

The court concluded that a complaint does not allege medical malpractice if (1) the acts complained of were not committed in the course of medial treatment or care and (2) there is no issue concerning the exercise of medical judgment in the care or supervision of a patient. The court further concluded that the case alleges a simple breach of an ordinary duty of care. Such a case does not need expert medical testimony, according to the court, since it has nothing to do with a medical procedure or judgment. Such a case is provable without expert testimony.

GC;tjo

Attachment: Bessie Sloan v. St. Francis Hospital and Medical Center Case