Since 2005, those who seek to bring a medical malpractice claim in Connecticut have had to have their case reviewed by another healthcare provider to determine the merits of the case before any medical malpractice lawsuit is filed.
This week, Connecticut attorneys are trying to persuade the state legislature that such review places an undue burden on real victims of medical negligence. Mike Walsh, president of the Connecticut Trial Lawyers Association, explained, "The term 'similar health care provider' was interpreted in such a rigid fashion that unless you had a doctor who was totally identical in terms of certifications and expertise and all the rest as the defendant, the courts would essentially dismiss the case and throw out the good faith certificate, and that was never the intent of the original legislation."
A similar bill was defeated last year by the state legislature.
Contact Peter Heed:
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