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By Mike A. D’Amico, Esq.July 2012 In short, yes. In order to prevail in a medical malpractice case, the plaintiff must prove that the defendant health-care provider breached the prevailing standard of medical care. Evidence of this standard of care must be presented through a similar health-care provider as the defendant whose conduct is in … Read More
By Mike A. D’AmicoOctober 2010 The appellate case law in Connecticut is thin with regard to a Daubert/Porter analysis or hearing concerning expert medical testimony in a medical malpractice case. Accordingly, the applicability of the Porter analysis and the necessity of a pre-trial hearing in a medical malpractice case can be gleaned only from the appellate courts’ few decisions … Read More
By Mike A. D’Amico, EsquireSeptember 2008 In 1986 Connecticut adopted by statute, C.G.S. 52-190a, the requirement that a pre-complaint inquiry be conducted in medical negligence claims. The purpose of this requirement was to deter the filing of frivolous claims. The statute created a pleading requirement that the plaintiff attach to the complaint a certificate signed … Read More
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