Founded in 2009, is focused solely on in-house counsel jobs. Find candidates today for your law department. We have millions of page views each year - find out why! The defendant concedes that � 52-190a applies to actions for the negligence of a health care provider that constitute medical negligence or malpractice, but argues that it does not apply to actions for negligence of a health care provider that constitute ordinary negligence. The defendant further asserts that the determinative question as to whether � 52-190a applies is whether the alleged injury occurred during treatment due to a negligent act or omission that was substantially related to treatment, not whether an expert is required in the case. We disagree. As we explained previously herein, in Dias v. Grady, supra, 292 Conn. 359, we concluded that the phrase medical negligence, as used in � 52-190a (a), means breach of the standard of care and was not intended to encompass all of the elements of a cause of action for negligence. (Internal quotation marks omitted.) Thus, if an expert is needed to establish the standard of care, a fortiori, an opinion letter is required from a similar health care provider. It is likewise both consistent and logical to hold that if an expert is not required to establish the medical standard of care, an opinion letter is not required under � 52-190a. This is especially true in an action for lack of informed consent where our case law is so well established that the lay standard of materiality of risk is applicable. Dental Malpractice Lawyer Services Cottle County Texas .
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