We’re Just A Click Or Call Away

What is a good faith opinion letter in a medical malpractice case?

by | Sep 23, 2024 | Medical Malpractice

In Connecticut, filing a medical malpractice lawsuit requires more than just a complaint—claimants must also submit a “good faith opinion letter” as mandated by General Statutes § 52-190a. This requirement aims to prevent frivolous lawsuits and ensure that claims have merit before proceeding in court.  

The good faith opinion letter must come from a “similar health care provider,” as defined by state law, who has reviewed the facts of the case. This provider must offer an opinion that there is a reasonable basis for alleging that the defendant’s care fell below the standard expected in the medical field, leading to the patient’s harm. Importantly, the letter does not need to detail the entire case but must assert that the medical malpractice claim is made in good faith based on an expert’s review.

Failure to include this letter can have serious consequences. Without it, the court may dismiss the case. This requirement was clarified by the landmark decision of Carpenter v. Daar, 364 Conn. 80 (2023), which reversed prior cases enforcing a rigid application of the good faith opinion letter requirement which elevated form over substance.

Contact Logan, Vance, Sullivan & Kores if you have been the victim of medical malpractice.