Attorney James Sabatini has prevailed before the Connecticut Supreme Court in the case entitled Shortell v. Cavanagh. The case involved injuries suffered by a client during a dental procedure. The injuries involve significant nerve damage. A complaint was filed against the dentist and the complaint alleged failure to obtain informed consent. Defendant moved to dismiss the case on the grounds that a written opinion letter from a similar health care provider was not attached to the complaint. Attorney Sabatini objected to the motion on the grounds that the statute (C.G.S. Sec. 52-190a) requiring a written opinion letter to be attached to medical malpractice lawsuits does not apply to informed consent claims. The trial court granted the motion to dismiss. Attorney Sabatini appealed and the Connecticut Supreme Court agreed with Attorney Sabatini’s legal position. The Court held that 52-190a does not apply to a claim of lack of informed consent. The statute only applies to medical negligence claims and medical negligence claims as that term is used in 52-190a only pertain to claims where the standard of care and deviations from the standard of care are established and judged by an expert standard. Informed consent claims are judged by a lay standard.
