Expert Affidavit Requirement Does Not Apply To Informed Consent Claims, Court Decides

A Connecticut law requiring that a medical expert file a written opinion of merit with medical malpractice actions does not apply to informed consent claims, the Connecticut Supreme Court ruled March 15 (Shortell v. Cavanagh, Conn., SC 18434, 3/15/11).

The state high court said the state law, Conn. Gen. Stat. §52-190a, imposes a requirement that a plaintiff make good faith efforts to obtain a written opinion of merit from a “similar health care provider” prior to instituting a malpractice or wrongful death claim stemming from the negligence of a health care provider.

That law, however, does not ...