Appellate Court Affirms Summary Judgment Obtained by RRD in Malpractice Case

The Connecticut Appellate Court recently affirmed a summary judgment obtained by RRD partner John F. Costa and associate Liam M. West in favor of their client, a nursing home, in a medical malpractice action.   In his complaint, the plaintiff alleged that he developed pressure ulcers and Methicillin-resistant Staphylococcus aureus (MRSA) while he was a resident at the defendant’s nursing home.  The plaintiff insisted that his claim was one for ordinary negligence, and he failed to disclose a medical standard of care expert.  In granting RRD's motion for summary judgment, the trial court held that the plaintiff’s allegations, together with the evidence submitted by the defendant in support of its motion, and the case law surrounding this issue, all led conclusively to the determination that the plaintiff’s action sounded in medical malpractice, and not general negligence.  The court further held that without a medical expert, the plaintiff would be unable to prove a prima facie case of medical malpractice, and it granted summary judgment to the firm's client.

In a decision to be officially released on April 10, 2012, the Appellate Court affirmed the judgment of the trial court, adopting in full the trial court’s decision.