Yale University School of Medicine v. McCarthy
In Yale University School of Medicine v. McCarthy, 26 Conn. App. 497, 602 A.2d 1040 (1992), the plaintiff filed an action to recover money allegedly owed for medical services. Id., 498. The defendant filed several special defenses and a counterclaim alleging medical malpractice. Id.
The defendant failed to file a certificate of good faith, as required by General Statutes 52-190a. Id. The court, sua sponte, dismissed the counterclaim due to the defendant's failure to file the certificate. Id., 499.
The defendant appealed, arguing that the certificate requirement did not apply. Id., 501. This court held that it was unnecessary to reach the issue framed by the defendant, as "the trial court's sua sponte dismissal of the defendant's counterclaim was improper because of the absence of a motion to strike by the plaintiff." Id.
The Court further stated that "there was no statutory or other legal authority for the trial court's dismissal . . . ." Id., 502.
General Statutes 52-190a (a) provides in relevant part: "No civil action shall be filed to recover damages resulting from personal injury or wrongful death occurring on or after October 1, 1987, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, unless the attorney or party filing the action has made a reasonable inquiry as permitted by the circumstances to determine that there are grounds for a good faith belief that there has been negligence in the care or treatment of the claimant. . . ."