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Tort Reform Keeps Legitimate Malpractice Lawsuits from the Court in Connecticut

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Patricia Votre suffered a miscarriage because of an incompetent cervix. When she got pregnant again, she arranged for her doctors to consult with and turn over her care to experts in high-risk pregnancies from Yale University. However, when she began to suffer problems including back pain and fever, her doctors refused to treat her according to the recommended treatment plan by the Yale specialists, kept the care plan from her, and refused to turn over her care. Her son Miles was born with an E. coli infection, and died 51 days later.

Though she filed a lawsuit alleging breach of contract and infliction of emotional distress, her case was dismissed because the judge ruled the case involved alleged medical malpractice, and she did not file an opinion letter from a medical expert, which is required in medical malpractice suits. A Connecticut Appellate Court upheld the ruling and the Supreme Court declined to hear her case, the Associated Press reports.

The issue involves a technicality added to the Connecticut medical malpractice law that requires plaintiffs to file an opinion from medical experts that substantiate their claims. The law also says the experts must have “similar” credentials to the professional being accused of medical malpractice, which some say is causing too many cases to be wrongly dismissed.

“I don’t think anyone should be barred from the courthouse doors before the merits are heard,” said Republican state Sen. John Kissel of Enfield. “The party’s that’s forgotten in all of this is the injured individual who is suffering because of what he or she believes in medical malpractice,” The Atlanta Journal Constitution reported.

 

breakinglawsuitnews.com disclaimer: This article: Tort Reform Keeps Legitimate Malpractice Lawsuits from the Court in Connecticut was posted on Monday, January 9th, 2012 at 9:05 pm at breakinglawsuitnews.com and is filed under Medical Malpractice Lawsuits.

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