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A decedent's daughter was precluded by the common law prohibition against double recovery for the same injury from pursuing a medical malpractice claim against a hospital because she had been fully compensated for decedent's wrongful death.Plaintiff decedent's daughter sought review of the decision of the Superior Court in the judicial district of New Haven (Connecticut), which granted defendant hospital's motion for summary judgment in decedent's daughter's medical malpractice action.

After plaintiff's decedent was killed in a vehicle accident, plaintiff, decedent's daughter, was fully compensated by the driver's liability carrier and under the decedent's underinsured motorist benefit. Decedent's daughter filed claims for medical malpractice under the Connecticut Unfair Trade Practices Act (CUTPA) against defendant hospital. The trial court precluded decedent's daughter from pursuing the medical malpractice claim on the basis of the common law rule barring double recovery for the same injury. The court affirmed the trial court's decision, agreeing with the trial court that negligence was not a proper basis for a CUTPA claim because malpractice did not fall under CUTPA. The court affirmed the trial court's grant of summary judgment in favor of hospital in decedent's daughter's malpractice claim.

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: Haynes v. Yale-New Haven Hosp., 243 Conn. 17; 1997 Conn. LEXIS 323 (August 26, 1997)