Mary LeConche v. Kenneth W. Elligers

Summary

The Supreme Court of Connecticut reversed the dismissal of a medical malpractice complaint filed without the certificate of good faith belief of negligence required by General Statutes (Rev. to 1987) § 52-190a. It held that Public Acts 1987, No. 87-227, § 9 amended rather than repealed the 1986 statute, so the certificate requirement applied to injuries occurring between October 1, 1986 and October 1, 1987, but that the certificate itself is not a subject matter jurisdictional requirement; its absence is a pleading defect curable by amendment. Because the trial court had jurisdiction and denied the motion to amend based on a perceived lack of it, the Court directed that the amendment be permitted. The Court expressly left open whether the underlying reasonable precomplaint inquiry requirement is jurisdictional.