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Bill Would Clarify the Accidental Failure of Suit Statute in Medical Malpractice Cases in Connecticut.

Peter J. Bartinik, Jr.
Civil Trial Attorney, Practicing Law in Connecticut

Blog Category:
6/10/2013
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Substitute Senate Bill 1154 should be passed.  The bill would clarify the Accidential Failure of Suite statute, General Statute Section 52-592 in medical malpractice cases.  The bill would make it clear that the Accidential Failure of Suite statute can be used in medical malpractice cases to refile a suit that is dimissed for an error with the certificate of merit.  As we know, before a medical malpractice case is filed a plaintiff must obtain a certifcate of merit which is a certification from a similar health provider that the defendant medical provider committed medical negligence.  In practice, unfortunately, defendants file many frivolous motions to dismiss based on claims that the plaintiff's expert is not a "similar" health provider.  This tactic greatly increases the cost of litigaiton to the parties and the Court system.  After a case is dismissed based on a flaw in the certificate of merit, the plaintiff can refile under the Accidential Failure of Suite statute.  Our Supreme Court has already ruled that the Accidential Failure of Suite statute can be used to save meritorous malpractice suits that have been dismissed.  Also, defendant's in malpractice cases have stated in support of their motion to dismiss that the case can be saved under the accidential failure of suite state. Now, with Sentate Bill 1154, the rule will be clear.  

If you or anyone you know has suffered an injury and now need surgery from a car accident in Southern Connecticut and have a question about a car or truck accident or car insurance please call the car accident lawyers at The Bartinik Law Firm PC, 100 Fort Hill Road, Groton, Connecticut at 860 445 8521 or toll free at 888 717 4211.  



Category: Medical Malpractice

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