Byrne v. Avery Center for Obstetrics & Gynecology, P.C.

Summary

The concurrence agrees with the majority in part but disagrees with its refusal to decide whether the amended complaint asserted an independent statutory claim under General Statutes § 52-146o. It concludes that the relevant negligence and negligent-infliction counts adequately alleged the statutory violation under a broad, common-sense approach to pleading. The concurrence also observes that the unresolved common-law confidentiality issue remains for the parties and trial court. Justice Zarella, joined by Chief Justice Rogers, concurs in part and dissents in part from the majority's treatment of the statutory claim.