Sec. 52-184c. Standard of care in negligence action against health care provider. Qualifications of expert witness.
Sec. 52-184c. Standard of care in negligence action against health care provider. Qualifications of expert witness. (a) In any civil action to recover damages
resulting from personal injury or wrongful death occurring on or after October 1, 1987,
in which it is alleged that such injury or death resulted from the negligence of a health
care provider, as defined in section 52-184b, the claimant shall have the burden of
proving by the preponderance of the evidence that the alleged actions of the health care
provider represented a breach of the prevailing professional standard of care for that
health care provider. The prevailing professional standard of care for a given health care
provider shall be that level of care, skill and treatment which, in light of all relevant
surrounding circumstances, is recognized as acceptable and appropriate by reasonably
prudent similar health care providers.
(b) If the defendant health care provider is not certified by the appropriate American
board as being a specialist, is not trained and experienced in a medical specialty, or does
not hold himself out as a specialist, a "similar health care provider" is one who: (1) Is
licensed by the appropriate regulatory agency of this state or another state requiring the
same or greater qualifications; and (2) is trained and experienced in the same discipline
or school of practice and such training and experience shall be as a result of the active
involvement in the practice or teaching of medicine within the five-year period before
the incident giving rise to the claim.
(c) If the defendant health care provider is certified by the appropriate American
board as a specialist, is trained and experienced in a medical specialty, or holds himself
out as a specialist, a "similar health care provider" is one who: (1) Is trained and experienced in the same specialty; and (2) is certified by the appropriate American board in
the same specialty; provided if the defendant health care provider is providing treatment
or diagnosis for a condition which is not within his specialty, a specialist trained in
the treatment or diagnosis for that condition shall be considered a "similar health care
provider".
(d) Any health care provider may testify as an expert in any action if he: (1) Is a
"similar health care provider" pursuant to subsection (b) or (c) of this section; or (2) is
not a similar health care provider pursuant to subsection (b) or (c) of this section but,
to the satisfaction of the court, possesses sufficient training, experience and knowledge
as a result of practice or teaching in a related field of medicine, so as to be able to provide
such expert testimony as to the prevailing professional standard of care in a given field
of medicine. Such training, experience or knowledge shall be as a result of the active
involvement in the practice or teaching of medicine within the five-year period before
the incident giving rise to the claim.
(P.A. 86-338, S. 11; P.A. 87-227, S. 8.)
History: P.A. 87-227 amended Subsec. (a) to change applicability of section from "In any cause of action accruing on
or after October 1, 1986, to recover damages for personal injury or wrongful death" to "In any civil action to recover
damages resulting from personal injury or wrongful death occurring on or after October 1, 1987" and specified that a health
care provider is "as defined in section 52-184b".
Cited. 211 C. 555. P.A. 86-338 cited. 214 C. 1. Cited. 215 C. 701. Cited. 242 C. 1. There is no explicit incorporation
of the definition in Sec. 52-184b with reference to a similar health care provider anywhere in this section; this suggests
that legislature intended to incorporate the definition only with reference to defendant health care providers and not with
reference to similar health care providers. 265 C. 79.
Cited. 34 CA 871. Cited. 44 CA 257.
Subsec. (a):
Cited. 239 C. 574. In claim for ordinary negligence for failure of health care provider to warn third party, expert
testimony required to prove standard of care, breach of that standard and causation of injury. 262 C. 248.
Subsec. (d):
Does not preclude board-certified physician from testifying as an expert solely because the physician was not board-certified at the time of the alleged malpractice. 262 C. 637.
Cited. 34 CA 871. Cited. 46 CA 391. Subsec. deals with situations where specialties overlap. 77 CA 307.