Placing an Added Burden on the Plaintiff

November 9, 2009 Published Work
Connecticut Law Tribune, Vol. 35, No. 45

As part of the Tort Reform Act of 1986, Connecticut's legislature required for all medical malpractice complaints a certificate signed by the plaintiff's lawyer that a reasonable inquiry into the merits of the claim was made and that there is a good faith basis for the lawsuit. In 2005, the legislature bolstered that effort by also requiring in General Statutes § 52-190a the filing of a written opinion of a "similar health care provider" that "there appears to be evidence of medical negligence." This written opinion requirement has generated a wave of litigation. Counsel should consider this developing area of the law carefully at the outset of a case, as the issues can be dispositive.