Motions to Dismiss In CT Malpractice Cases – A Disturbing Trend

We have been seeing and experiencing in our own medical and dental malpractice cases a disturbing trend.  Defendants are filing Motions to Dismiss malpractice lawsuits on the ground that the written opinion attached to the lawsuit does not comply with General Statutes Section 52-190a.  The statute requires that a plaintiff in filing a medical or dental malpractice lawsuit must attach to the lawsuit a copy of a written opinion authored by a similar health care provider stating that malpractice occured and as a result of the malpractice the plaintiff suffered injuries.  The identifying information of the author of the report is redcated when attached to the lawsuit.

Nothwithstanding the fact that Section 52-190a does not require that the author of the written opinion broadcast that he or she is a similar health care provider, defendants are routinely injecting such a requirement into the statue and using it as the basis for a Motion to Dismiss.  The case law is virtually unanimous in holding that the statute has no such requirement, thus the lawsuit cannot be dismissed for lack of subject matter jurisdiction. 

In one of our pending dental malpractice cases, the Court just rejected defendant’s argument that the written opinion was defective due to the fact that it did not state that the author of the opinion was a similar health care provider.  The motion to dismiss was denied.

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Serious Injuries In Danbury Motorcycle Accident

A woman was severely injured in a motorcycle accident on July 28, 2008 on I-84 in Danbury, Connecticut.  The woman was riding as a passenger on the motorcyle when a car rear ended the bike.  Both the woman and the driver of the motorcycle were thrown from the motorcycle.  The driver of the car left the collision scene.  Police later located the driver.  It is unknown if the driver has been criminally charged.

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Three More People Critically Injured In Motorcycle Crashes

Three more people have been critically injured in motorcycle crashes on our Connecticut roads and highways over recent days.  These crashes follow a fatal crash earlier in the month where two riders died in a crash in Rocky Hill.  These latest crashes have an escalated an ongoing debate as to whether Connecticut should require helmets when riding motorcycles.  The Connecticut Motorcycle Riders Association continues to advocate that helmet wearing should remain optional. 

We previously blogged about the helmet law in Connecticut along with helmet laws across the country.  While it is understandable that many invididuals want to be free to choose whether or not to wear a helmet while riding a motorcycle, the choice that should be made in every instance is to wear it. 

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Common Acts Of Negligent Boating

With summer here, boating accidents in Connecticut are on the rise.  Tragically, many of these accidents can be prevented by operating the boat in a safe manner. Below are just a few examples of negligent boating in Connecticut waters: 

  • To speed in no-wake zones.
  • To disregard the Navigational Rules.
  • To weave through congested waterway traffic.
  • To operate under the influence of alcohol or drugs.
  • To operate at night without proper navigation lights.
  • To operate a boat within an area clearly marked as restricted.
  • To allow any person to ride on the bow, gunwale, transom or in any position that is obviously dangerous.
  • To overload or overpower a boat beyond its safe carrying capacity or beyond what is prudent given weather and other operating conditions.
  • Following too closely

 

 

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Connecticut Fails to Increase Car Insurance Policy Limits

Amazingly, the Connecticut Legislature was unable to get House Bill No. 5515 An Act Increasing The Financial Responsibility Limits for Motor Vehicles out of committee.  The proposed legislation would have increased the auto libability insurance minimum limits from $20,000 per individual/$40,000 per occurrence to $25,000 per individual/$50,000 per occurrence.  What are elected representatives were thinking in killing this bill is beyond me. Connecticut is one of the most expensive states to live in.  If you are involved in a car or truck accident and sustain serious injuries, your medical bills alone will exceed $20,000.  Yet, Connecticut continues to allow motorists to drive with minimal coverage of 20/40.  Furthermore, if you are hit by someone who was at fault for causing the collision and both the tortfeasor and you have a 20/40 policy, there is only $20,000 total to compensate for your injuries.   Aynone driving in the State of Connecticut should have at least 100/300 policy limits with conversion underinsured motorist benefits.  Conversion underinsured motorist benefits allows for the stacking of your policy on the tortfeasor’s policy.  Without conversion, you cannot stack and the available underinsurance will be less or non-extistent.  Here is how conversion works.  Lets say that the tortfeasor and you have a 100/300 policy and your injury claim is worth $200,000.  If you do not have conversion then since the policy limits are the same, there is only $100,000 in insurance for your injuries.  If there is conversion, you will get the $100,000 from the tortfeasor and $100,000 from your own policy for a total of $200,000. 

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