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Gaffney and Datlow Granted Dismissal in Wound Care Case Based on Insufficiency of Expert Opinion Letter

10/31/19
Bernard Gaffney (Of Counsel-Hartford) and Milanna Datlow (Associate-Stamford) obtained dismissal in Connecticut Superior Court, Complex Litigation Docket, of a vicarious liability claim against our client, a national operator of hospitals. The claim was based on the alleged negligence of a hospital physician in caring for the plaintiff's decedent's postoperative wound. Bernard and Milanna successfully argued to the court that the allegations against our client were not properly supported by the plaintiff’s expert opinion letter accompanying the complaint, as required by Connecticut General Statutes §52-190a in that it (1) failed to mention the hospital physician who allegedly provided wound care to the plaintiff’s decedent, and contained no statement that either the physician, or the hospital vicariously, was negligent or breached the standard of care, and (2) was not authored by a health care provider similar to the hospital physician.

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