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Keywords

plaintiffdefendantnegligencetrialmalpracticeduty of care

tortplaintiffdefendantnegligencestatutetrialmalpractice

Related Cases

Jarmie v. Troncale, 306 Conn. 578, 50 A.3d 802

Facts

The plaintiff, John Jarmie, was involved in a car accident with Mary Ann Ambrogio, a patient of Dr. Frank Troncale, who had diagnosed her with hepatic encephalopathy. Troncale did not warn Ambrogio about the dangers of driving with her condition, which led to her losing consciousness while driving and crashing into Jarmie's vehicle. Jarmie filed a negligence complaint against Troncale and his employer, claiming that Troncale's failure to advise Ambrogio not to drive was a deviation from the standard of care that caused his injuries.

On June 20, 2008, the plaintiff … filed a one count negligence complaint against the defendants…. Troncale is a licensed Connecticut physician and specialist in gastroenterology … On June 22, 2006, Troncale diagnosed and treated [Ambrogio] … for various liver and kidney ailments, including hepatic encephalopathy.

Issue

Whether a physician who fails to advise a patient of the potential driving risks associated with her medical condition breaches a duty to a third party injured by the patient's unsafe driving.

The plaintiff first claims that the trial court improperly concluded that a third party who is not a patient is categorically barred from bringing a cause of action against a health care provider for professional negligence.

Rule

A medical malpractice claim requires a physician-patient relationship, and under Connecticut law, physicians do not have a common-law duty to protect third parties from injuries caused by their patients.

Pursuant to this statute, which was enacted as part of the Tort Reform Act of 1986; see Public Acts 1986, No. 86–338, § 12; a cause of action alleging medical malpractice must be brought by a patient against a health care provider because the language of the statute specifically provides that the alleged negligence must have occurred 'in the care or treatment of the claimant….'

Analysis

The court determined that Jarmie's complaint was legally insufficient because it did not allege a physician-patient relationship, which is a prerequisite for a medical malpractice claim under Connecticut law. Furthermore, the court found that Troncale owed no duty to Jarmie as a third party, as Connecticut law does not extend the duty of care to unidentifiable victims in negligence claims against health care providers.

Conclusion

The Supreme Court affirmed the trial court's ruling, concluding that the plaintiff's complaint was properly stricken due to the lack of a physician-patient relationship and the absence of a duty owed by the physician to the plaintiff.

Who won?

Defendants (Troncale and Gastroenterology Center of Connecticut, P.C.) prevailed because the court found that the plaintiff failed to establish the necessary legal relationship and duty required for his claims.

The defendants argue that the trial court properly ruled that Troncale owed no duty to the plaintiff.

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