Richard Bennett, Jr. v. New Milford Hospital, Inc.

Summary

The court held that a medical malpractice plaintiff suing a physician alleged to be a specialist must support the complaint with an opinion letter authored by a similar health care provider qualified under the specialist provision of the governing statute, even if another physician might qualify to testify at trial under a broader provision. It further held that failure to submit a compliant opinion letter requires dismissal under the statute. The court declined to review the plaintiff's constitutional challenge because it was not preserved below or properly presented in the certification petition.