SC20256 - Kos v. Lawrence + Memorial Hospital (Medical malpractice; loss of consortium; "In this medical malpractice case, the plaintiffs, Laura Kos and Michael Kos, appeal following the trial court's denial of their motion to set aside the jury's verdict in favor of the defendants Elisa Marie Girard and Physicians for Women's Health, LLC, on the ground that the trial court improperly instructed the jury by (1) including a charge on the acceptable alternatives doctrine, and (2) limiting their allegations regarding Girard's breach of the standard of care. Alternatively, they request that this court abolish the acceptable alternatives doctrine. Although we agree with the plaintiffs that the trial court improperly instructed the jury on the doctrine of acceptable alternatives, because we find this error harmless and because we decline to take this opportunity to abolish the acceptable alternatives doctrine, we affirm the judgment of the trial court.")

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• Medical Malpractice Law,
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AC41997 - Young v. Hartford Hospital (Medical malpractice; certificate of good faith and opinion required by statute (§ 52-190a) for negligence action against health care provider, discussed; "The plaintiff, Wendy Young, appeals from the trial court's judgment dismissing her complaint against the defendant, Hartford Hospital, for her failure to provide a certificate of good faith pursuant to General Statutes § 52-190a. The plaintiff claims that the trial court erred in determining that her complaint sounded only in medical malpractice and, consequently, dismissing her complaint for failure to file an accompanying certificate of good faith as required for medical malpractice claims by § 52-190a. We agree.")

• AC41997 Dissent - Young v. Hartford Hospital

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AC39564 - Barnes v. Connecticut Podiatry Group, P.C. (Medical malpractice; motion to preclude expert testimony; motion for summary judgment; "In this medical malpractice action, the substitute plaintiff, Sherry West Barnes, administratrix of the estate of Kenneth Barnes (administratrix), appeals from the summary judgment rendered by the trial court in favor of the defendants, Connecticut Podiatry Group, P.C., and Marc Daddio, a doctor of podiatric medicine. On appeal, the administratrix claims that (1) the court, A. Robinson, J., erred in precluding Barnes from disclosing additional experts, and (2) the court, Lager, J., erred in (a) adhering to Judge Robinson's order precluding Barnes from disclosing additional experts, (b) precluding the expert opinions of Barnes' disclosed expert, and (c) rendering summary judgment in favor of the defendants. We disagree and, accordingly, affirm the summary judgment of the trial court.")

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• Medical Malpractice Law,
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SC19977 - Traylor v. State ("This appeal arises from the most recent in a series of civil actions that the plaintiff, Sylvester Traylor, has brought in state and federal court relating to the suicide of his wife, Roberta Mae Traylor (Roberta). The plaintiff, who is self-represented, brought the present case against the defendants, who are (1) the state of Connecticut, numerous current and former Superior Court judges, and the Appellate Court (state defendants); (2) Roberta's treating psychiatrist, Bassam Awwa, and his employer, Connecticut Behavioral Health Associates, P.C. (Awwa defendants); and (3) Robert Knowles and Neil Knowles, and their business, Advanced Telemessaging (Knowles defendants). The plaintiff now appeals from the judgment of the trial court, Moll, J., rendered in accordance with its granting of the defendants' motions to dismiss and for summary judgment. On appeal, the plaintiff claims that General Statutes § 52-190a, which requires a plaintiff to append a good faith certificate and supporting opinion letter to the complaint in cases of medical negligence, is unconstitutional. Although the plaintiff fully briefed his attack on the constitutionality of § 52-190a, we cannot reach the merits of that claim because of his failure to challenge the trial court's threshold conclusions that his claims against all of the defendants are barred by, inter alia, the doctrines of res judicata and collateral estoppel. Accordingly, we affirm the judgment of the trial court.")

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• Tort Law

AC40716 - Scott v. CCMC Faculty Practice Plan, Inc. (Medical malpractice; "The plaintiff, Brandon Scott, appeals from the judgment of the trial court, rendered following a jury trial, in favor of the defendants, Paul Kanev, a neurosurgeon, and CCMC Faculty Practice Plan, Inc. On appeal, the plaintiff claims that the trial court (1) improperly permitted the defendants to introduce evidence that the plaintiff's pain substantially resolved due to a syrinx that had developed within his spinal cord to establish a reduction in damages (syrinx evidence), and (2) erred when it failed to instruct the jury with respect to such evidence. We affirm the judgment of the trial court.")

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• Medical Malpractice Law,
• Recent Opinions