Sims v. Bell
Connecticut General Statutes §52-190a provides, "the . . . claimant's attorney . . . shall obtain a written and signed opinion of a similar health care provider . . . that there appears to be evidence of medical negligence and includes a detailed basis for the formation of such opinion." Allegedly, the plaintiff, Susan Sims, experienced stomach pain, and the defendant doctors, Jason Allard and Thomas Bell, removed her gallbladder on May 22, 2009. Sims sued the individual defendants and the hospital, alleging that they negligently injured the plaintiff's hepatic duct. The defendants moved to dismiss and argued that the written opinion from the plaintiff's medical expert failed to identity the standard of care for a general surgeon or state that the defendants breached that standard. The purpose of a written medical opinion is to prevent frivolous suits. The court found that the written opinion indicated that the defendants allegedly did not comply with the standard of care of general surgeons who perform gallbladder procedures and failed to prevent an injury to the plaintiff's hepatic duct. The written opinion discussed the plaintiff's key allegations. It was not required to discuss each allegation of negligence in the complaint. The court denied the defendants' motions to dismiss.