Andrews v. Danbury Hospital
An individual who is not a patient, and who allegedly is injured during a visit to a patient, is not required to file a certificate of good faith and a written opinion from a similar healthcare provider. Allegedly, the plaintiff, Timothy Andrews, went to Danbury Hospital, to visit a relative, and was injured when a hospital worker lowered the hospital bed, pinning his legs under the bed. Andrews sued the hospital and alleged it was negligent. The hospital moved to dismiss and argued that Andrews failed to file a certificate of good faith and an opinion from a similar healthcare provider, as required by Connecticut General Statutes §52-190a(a). A certificate of good faith is only required in connection with negligence in the care or treatment of the claimant in a medical-malpractice suit. The hospital did not treat Andrews as a patient at the time of the alleged accident. "Conn. Gen. Stat. §52-190a(a) is facially inapplicable," wrote the court, "to an action seeking damages resulting from injury to a person not being care for or treated." The court denied the hospital's motion to dismiss.