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April 2012 Archives

Lohnes

In Lohnes v. Hospital of Saint Raphael, (released November 15, 2011), Justice Borden, writing for the Appellate Court added to the building body of case law interpreting and applying General Statutes §§ 52-190a and 52-184c. The several issues presented in this case were: 1) the time for filing a motion to dismiss under § 52-190a; 2) whether the opinion letter author was a similar health care provider under § 52-584c; 3) whether § 52-190a violated the open court provision of article first, § 10 of the Connecticut constitution; and, 4) whether § 52-190a violated due process of law. The Appellate Court decision upheld the trial court ruling dismissing the plaintiff's claim.