DocketNumber: No. CV91-0504004S
Citation Numbers: 1993 Conn. Super. Ct. 3729, 8 Conn. Super. Ct. 494
Judges: WAGNER, J.
Filed Date: 4/14/1993
Status: Non-Precedential
Modified Date: 4/18/2021
Defendants move to strike both counts on the basis that defendants had no actionable duty to the plaintiff decedent since he was not their patient.
Plaintiff concedes that there is no authority in Connecticut addressing the legal liability of a health care provider to a third party in circumstances similar to the instant case but relies on decisions in four other states which impose liability on a physician to third parties for failure to warn a patient of the side effects of a drug. Plaintiffs maintains that no Connecticut decision or statute restricts the actionable liability of a health care provider only to his patient. Moreover, plaintiff argues that even if a physician's duty in a malpractice action is limited to his patient, a physicians duty under a claim of simple negligence extends to all persons within the ambit of the forseeable risk of such negligence.
Connecticut law views a medical malpractice action to be a type of negligence action. Martinez v. Hartford Hospital,
The general hornbook rule is that there can be no actionable negligence on the part of a physician where there is no physician-patient relationship. Louisell and Williams, Medical Malpractice Matthew Bender (1988) 8.02. In Connecticut, malpractice has been defined as the failure of one rendering professional services to exercise that degree of skill and learning commonly applied . . . in the community by the average prudent reputable member of the profession with the result of injury, loss or damage to the recipient of those services . . . . (Emphasis added.) Davis v. Margolis,
One Connecticut decision which addresses an issue closely related to the issue raised by the present case is Anonymous v. Hospital,
The surgical procedure herein was personal to the wife. The alleged negligence of the defendants was a breach of the duty owed solely and exclusively to her, and not to her husband. Accordingly, the plaintiff husband is not entitled to recover damages for his claimed emotional stress and depression under the present circumstances.
Id., 114. CT Page 3731
Moreover, we note that Section
In the present case, the plaintiff alleges that defendants rendered medical services to Esther Sackter, not David Sackter, the plaintiff's decedent. We hold that only the patient or recipient of medical services would have a legally sufficient malpractice cause of action. Since it is clear that the plaintiff's decedent received no medical services from the defendants, plaintiff's complaint is legally insufficient and the motion to strike is granted.
Motion to Strike Granted.
Wagner, J.