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Here, the entire class of plaintiffs retired on or after 1984 and only the language of these CBAs are at issue. The relevant part of the 1984-87 CBA Article 18(F) states, The defendant Best Dental has cited to the Downs v. Trias, 306 Conn. 81, 49 A.3d 180 (2012) case for the proposition that a physician, in failing to provide information to a patient, can incur liability for falling short of the standard of care and that such allegations necessitate an opinion letter pursuant to � 52-190a. In the Downs case, the plaintiff was diagnosed with late stage ovarian cancer and brought an action against the defendant alleging, inter alia, that the defendant failed to instruct her that her family history of ovarian cancer greatly increased her risk of developing ovarian cancer and for her to have her ovaries removed. Downs v. Trias, supra, 306 Conn. 85-86. The plaintiff alleged both a medical negligence claim and a lack of informed consent claim under the foregoing fact scenario. Id., 86. At trial, the judge allowed expert testimony to be presented to prove plaintiff's lack of informed consent claim. Id. The defendant appealed this decision by the trial court, and the Supreme Court affirmed the trial court on appeal. The Supreme Court, in finding that the lack of informed consent claim was essentially a medical negligence claim, held that, although medical negligence and lack of informed consent are clearly distinct causes of action with different elements that must be proven � the same set of facts may give rise to both causes of action. (Citation omitted.) Id., 89. The Supreme Court held that the plaintiff's allegations concerning the defendant's failure to provide information and recommendations concerning ovarian cancer could properly be construed as describing specific instances of a broader theory that the defendant had failed to provide proper medical treatment. Id., 92. Lawyer Services Eastland County TX Medical malpractice is professional negligence. It may take many forms but, in each case, a doctor or other health care provider deviates from accepted standards of care, causing injury or death to the patient. Malpractice can occur as a result of a health professional's negligent actions, his or her failure to take a medically necessary or appropriate action, or his or her failure to warn of the risks of a particular operation or other medical procedure.
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