Parzych v. Woodbury Realty Co.
In ruling whether a claim sounds in medical malpractice, courts may consider whether: 1.) the defendants are sued in their capacities as medical professionals; 2.) the alleged negligence is of a specialized medical nature that arises out of the medical professional-patient relationship; and 3.) the alleged negligence is substantially related to medical diagnosis or treatment and involves the exercise of medical judgment. Allegedly, the plaintiff was injured at St. Francis Hospital, after she was discharged and placed in a wheelchair, and the plaintiff stood up and slipped and fell. The plaintiff filed a premises liability suit against Woodbury Realty Co. and Carabetta Management Co., and they filed an apportionment complaint against St. Francis Hospital, alleging that medical personnel dropped the plaintiff or failed to assist the plaintiff. The plaintiff moved to dismiss the apportionment complaint and argued that the apportionment complaint alleged medical malpractice and was not accompanied by a certificate of good faith, pursuant to Connecticut General Statutes §52-190a. The defendants objected that the apportionment complaint alleged ordinary negligence and that a certificate of good faith was not required. The complaint did not allege acts or omissions of a specialized medical nature. The defendant hospital was not sued in its capacity as a medical professional. The court found that because the plaintiff had been discharged and was in the process of departing, St. Francis was not required to exercise medical judgment when the plaintiff transitioned out of her wheelchair. The apportionment complaint alleged ordinary negligence, as opposed to medical malpractice. The defendants were not required to file a certificate of good faith, and the court denied the motion to dismiss.