Physician's Conduct Alone Establishes Wanton & Reckless Behavior

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Defendant physician moved to strike the plaintiff patient's complaint alleging negligent assault and battery, intentional assault and battery, negligent infliction of emotional distress, intentional infliction of emotional distress and recklessness. Defendant hospital moved to strike plaintiff's allegation of negligence.

Plaintiff patient filed a six-count complaint against defendant physician and defendant hospital. Plaintiff alleged negligent assault and battery, intentional assault and battery, negligent infliction of emotional distress, intentional infliction of emotional distress and recklessness. Plaintiff alleged negligence against defendant hospital. Defendants moved to strike plaintiff's complaint. Reading plaintiff's complaint in the light most favorable to plaintiff, the court found plaintiff alleged sufficient facts to support a conclusion that defendant physician's conduct was knowingly wanton or in reckless disregard of the rights of plaintiff. Defendant physician's motion to strike plaintiff's complaint in its entirety was denied, as is his motion in the alternative to strike individual counts. Defendant hospital's motion to strike the allegation of negligence was granted because that count sounded in medical malpractice; therefore, the plaintiff was required by Conn. Gen. Stat. § 52-190a to file a good faith certificate, but failed to do so.

Defendant physician's motion to strike plaintiff's complaint in its entirety was denied, as was his motion to strike individual counts. Defendant hospital's motion to strike negligence count of complaint was granted. Plaintiff sufficiently alleged facts to support conclusion that alleged conduct was knowingly wanton or reckless.

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.

Source: Triano v. Fitzpatrick, 2000 Conn. Super. LEXIS 508 (Conn. Super. Ct. Feb. 17, 2000)