Briere v. Greater Hartford Orthopedic Group, P.C.Annotate this Case
Plaintiff brought a cause of action against a practice group and an orthopedic surgeon (collectively, Defendants), alleging medical malpractice during a spinal surgery. After the expiration of the pertinent statute of limitations, Plaintiff sought to amend his complaint. Plaintiff’s original complaint included allegations of the improper usage of a skull clamp, but his proposed amended complaint included allegations of the improper use of a retractor blade. The trial court narrowly construed the original complaint as limited to a claim of the negligent usage of the skull clamp and denied Plaintiff’s request to amend. Because Plaintiff had abandoned the theory that negligent use of the skull clamp had caused his injury, the court granted summary judgment in favor of Defendants. The Appellate Court reversed the trial court’s denial of Plaintiff’s request to amend, broadly construing the original complaint as a claim of negligence in performing the surgery, which could be supported by either set of factual allegations. The Supreme Court affirmed, thus denying Defendants’ request that the Court adopt the narrower approach used by the trial court.