Before a Connecticut medical malpractice plaintiff can file a complaint in Superior Court, they must clear a procedural prerequisite that has no equivalent in most other states: under Conn. Gen. Stat. § 52-190a, the plaintiff must obtain and attach to the complaint a written opinion from a "similar health care provider" — a licensed physician or other provider who practices or has practiced in the same specialty — attesting that based on the medical records they reviewed, there appears to be evidence of medical negligence. This "good faith certificate" (as it is colloquially known, though the statute calls it a "written opinion") serves as a preliminary quality filter: it forces the plaintiff's attorney to secure expert medical review before filing, rather than filing speculatively and developing the expert position during discovery. The failure to attach the opinion is not merely a procedural defect — Connecticut courts have held it is grounds for dismissal, though the dismissal is without prejudice and the case can be refiled with a proper opinion if the statute of limitations has not expired.
Connecticut medical malpractice plays out in a legal landscape shaped by Yale New Haven Health System's dominance of southern Connecticut, Hartford HealthCare's stranglehold on central Connecticut, and UConn Health's position as the state's academic medical center in Farmington. Yale New Haven Hospital — one of the largest hospitals in New England by bed count (approximately 1,500 licensed beds), a Level I Trauma Center, and the teaching hospital for Yale School of Medicine — is the institution Connecticut practitioners most frequently encounter in serious malpractice cases involving complex surgical, oncological, and trauma care failures. Because Yale New Haven Hospital is a private nonprofit institution (not a state entity), it is subject to standard Connecticut malpractice rules rather than state tort immunity. UConn Health in Farmington, however — operated by the University of Connecticut, a state institution — triggers the Claims Commissioner Act for malpractice claims against physicians and facilities acting within the scope of their state employment, creating a procedurally distinct pathway for claims arising from treatment at the John Dempsey Hospital at UConn Health.
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Medical records requests, demand letters, and HIPAA release forms.
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