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Bridenstine v. Saint Francis Hospital & Medical Center

Citations: 142 Conn. App. 850; 68 A.3d 127; 2013 WL 2182303; 2013 Conn. App. LEXIS 276Docket: AC 33778; AC 33807

Court: Connecticut Appellate Court; May 28, 2013; Connecticut; State Appellate Court

Narrative Opinion Summary

The case involves a medical malpractice lawsuit initiated by plaintiffs against multiple healthcare providers, focusing ultimately on Dr. Jeannine Giovanni and Connecticut Surgeons, LLC. The plaintiffs alleged that Dr. Giovanni failed to meet the standard of care in the postoperative treatment of the decedent, leading to an infection and subsequent anoxic brain injury, ultimately resulting in death. The trial centered on whether Dr. Giovanni's actions constituted negligence and whether the jury was improperly influenced by questions related to peer review proceedings, which are protected under General Statutes, 19a-17b (d). The trial court ruled that the questioning by Dr. Giovanni's counsel was improper and granted a motion for a new trial, citing manifest injustice. The defendants appealed, arguing that the questioning did not prejudice the plaintiffs and that the court abused its discretion. However, the trial court's decision was upheld, affirming that the plaintiffs were denied a fair trial due to the improper questioning related to peer review, which could have unduly influenced the jury's deliberations. The appellate court concurred with the trial court's assessment, emphasizing the importance of adhering to statutory protections during litigation.

Legal Issues Addressed

Appeal and Abuse of Discretion Standard

Application: Defendants appealed the decision to grant a new trial, challenging the trial court's ruling as an abuse of discretion.

Reasoning: The appellate review standard for a trial court's decision to set aside a verdict is the abuse of discretion standard, requiring deference to the trial court's ruling unless a clear abuse or injustice is evident.

Motion for New Trial Due to Manifest Injustice

Application: The court granted a new trial on the basis that improper questioning deprived the plaintiffs of a fair trial.

Reasoning: The court found that the plaintiffs suffered a manifest injury to their right to a fair trial, even after providing a strong curative instruction.

Peer Review Privilege under General Statutes, 19a-17b (d)

Application: The trial court found that questioning related to peer review proceedings was improper and prejudiced the plaintiffs, leading to a new trial.

Reasoning: The defendants failed to provide convincing legal authority for Giovanni’s ability to assert or waive a 'privilege.' The court found this series of questions was intended to present information to the jury that was statutorily prohibited.

Standard of Care in Medical Malpractice

Application: Plaintiffs claimed that Dr. Giovanni deviated from the standard of care by not timely diagnosing and treating a postoperative leak, leading to the decedent's injuries.

Reasoning: Plaintiffs alleged that Giovanni failed to meet the standard of care by not timely diagnosing and treating a leak that led to the decedent’s postoperative infection.