Philip M. Andrews v. St. Francis Hospital, Inc. (2013)

RULING ON MOTION TO DISMISS (# 102)

The court has reviewed the August 9, 2013 complaint and finds that it sounds in medical malpractice.   See Trimel v. Lawrence & Memorial Hospital Rehabilitation Center, 61 Conn.App. 353, 764 A.2d 203 (2001).   After considering the relevant three-part test to determine whether the claim sounds in medical malpractice, the court concludes that the plaintiff's complaint sounds in medical malpractice and not ordinary negligence.   Consequently, the plaintiff was required to satisfy the requirements of § 52–190a(a) by filing a good faith certificate and an opinion letter by a similar health care provider when he initiated this action.   Because the plaintiff failed to comply fully with all of the requirements set forth in § 52–190a(a), the defendant's motion to dismiss is hereby granted.

SO ORDERED.

BY THE COURT

PETER EMMETT WIESE JUDGE

Wiese, Peter E., J.