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A plaintiff who filed a complaint against a hospital for negligent supervision and administration was not required to provide a written opinion from a similar healthcare provider, pursuant to Connecticut General Statutes §52-190a. On Jan. 25, 2013, plaintiff Sandra Forest allegedly underwent spinal surgery. She alleged that the hospital failed to ensure that neuromonitoring equipment was in proper working order and to properly train doctors, physicians’ assistants, nurses, residents, fellows and technicians on appropriate use of intraoperative neuromonitoring. The hospital moved to dismiss and argued that Forest did not attach a written opinion from a similar healthcare provider, in violation of C.G.S. §52-190a. Forest objected that her complaint sounded in ordinary negligence, and that a written opinion was not required. Plaintiff ‘s allegations, wrote the court, indirectly related to the medical treatment that she received. Plaintiff alleged that the hospital was negligent in connection with supervisory and administrative functions. C.G.S. §52-190a did not apply to plaintiff ‘s allegations of ordinary negligence, and plaintiff was not required to submit a written opinion from a similar healthcare provider. Motion denied. “The allegations,” wrote the court, “do not express or imply negligence of a specialized medical nature.”
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.