Litigation and Regulatory Compliance

Medical Malpractice Defense

Wiggin and Dana's Medical Malpractice Defense Practice Group has represented hospitals and health care providers in hundreds of cases alleging professional negligence, spanning more than 30 years. As one of the principal defense counsel in medical malpractice actions for a premier Connecticut hospital and academic medical center, Wiggin and Dana has successfully defended matters involving complex medical issues and large damage exposure. Representative cases include claims of birth trauma, delayed diagnosis of cancer, wrongful death, anesthesia complications, and brain injuries. Our attorneys have represented physicians of all specialties, as well as nurses, psychologists, and other health care providers. We have also defended claims alleging lack of informed consent, misrepresentation, emotional distress, sexual misconduct, and violations of HIPAA and the Connecticut Unfair Trade Practices Act (CUTPA).

Wiggin and Dana attorneys routinely consult with clients on risk management issues and pre-litigation matters, providing practical tips from the cases we have defended. We also have a proven track record in matters brought by the Department of Public Health (DPH), including claims of provider substance abuse. We have successfully represented physicians and other health care providers in DPH matters, including representation in DPH investigations, at compliance conferences, and at administrative hearings and appeals.

Our medical malpractice team includes nationally recognized appellate counsel, who collaborate with trial counsel to address complex or novel issues that arise at the trial level. In addition, they have extensive experience in medical malpractice appeals. For example, our appellate lawyers were retained for the post-verdict motions and appeals for the two largest medical malpractice verdicts in Connecticut, in cases defended at trial by other firms. Both cases ended with favorable settlements after briefs were filed. Our lawyers have a long history of success in cases of first impression involving medical malpractice and health care law.

Representative appellate cases include:

Milton v. Robinson, 131 Conn. App. 760 (2011)— affirmed the trial court's preclusion of the plaintiffs' expert and a grant of summary judgment in a case alleging injury from a clinical drug trial.

Votre v. County Obstetrics and Gynecology Group P.C., 113 Conn. App. 569 (2009)—affirmed the dismissal of a suit alleging intentional infliction of emotional distress arising out of medical treatment.

Earlington v. Anastasi, 293 Conn. 194 (2009)—obtained on appeal a substantial reduction in economic damages in a birth-injury case.

Sherwood v Danbury Hospital, 278 Conn. 163 (2006)—established that a hospital has no duty to obtain the plaintiff's informed consent for blood transfusion.

Cohen v. Yale-New Haven Hospital, 260 Conn. 747 (2002)—left intact the trial court's substantial reduction in damages awarded in a case involving delayed diagnosis of cancer.

Haynes v. Yale-New Haven Hospital, 243 Conn. 17 (1997)—established that a CUTPA claim cannot be made against a hospital in a lawsuit alleging negligent medical treatment.