Conn. Appellate Court Holds for First Time That Affidavit Cannot Cure Deficient Opinion LetterAugust 6, 2020
A decision was recently issued by the Connecticut Appellate Court affirming a dismissal of a dental malpractice case based on Conn.Gen.Stat. § 52-190a. The Appellate Court held in Carpenter v. Daar that a supplemental affidavit from the author of the expert opinion letter cannot be used to cure a deficient opinion letter. Rather, only a properly filed amendment to the complaint can be used to correct a legally insufficient opinion letter. This is new appellate law on the issue, and likely will be useful for the defense in other cases. The Appellate Court previously had held in Peters v. United Community & Family Services, Inc., 182 Conn.App. 688 (2018) that a deficient opinion letter cannot be cured after the statute of limitations has expired. Attorney Beverly Knapp Anderson of Neubert, Pepe & Monteith P.C.’s Hartford office briefed and argued the appeals as well as the underlying motions to dismiss in both actions.