Supreme Court of Connecticut

David Shortell v. Norman Cavanagh

March 15, 2011300 Conn. 383

Summary

The court held that the presuit certificate and written-opinion requirements of § 52-190a do not apply to an informed-consent claim. Because such a claim is governed by a lay standard of materiality rather than a medical standard of care, requiring a similar-health-care-provider opinion before filing would produce an absurd result. The court therefore reversed the dismissal and remanded for further proceedings.