Hospital doctrine in Connecticut

2016Similarly, the plaintiffs argue that Judge Tyma incorrectly characterized their intentional infliction of emotional distress counts as premised on bystander liability and incorrectly rendered summary judgment in favor of the Hospital on those counts on the ground that bystander claims for emotional distress premised on medical malpractice are precluded under Maloney v. Conroy, supra, 208 Conn. at 392 , 545 A.2d 1059 .

2016Similarly, the plaintiffs argue that Judge Tyma incorrectly characterized their intentional infliction of emotional distress counts as premised on bystander liability and incorrectly rendered summary judgment in favor of the Hospital on those counts on the ground that bystander claims for emotional distress premised on medical malpractice are precluded under Maloney v. Conroy, supra, 208 Conn. at 392 , 545 A.2d 1059 .

2016See Sherwood v. Danbury Hospital, 278 Conn. 163 , 184 n. 19, 896 A.2d 777 (2006) (hospital may be held vicariously liable when employee physician fails to fulfill duty of care to patient); Mather v. Griffin Hospital, 207 Conn. 125 , 136, 540 A.2d 666 (1988) ("any negligence the jury ascribed to [a nurse employed by the defendant hospital] would have been attributable to the hospital under the doctrine of respondeat superior"); see also Wilkins v. Connecticut Childbirth & Women's Center, 314 Conn. 709 , 104 A.3d 671 (2014) ("the plaintiff filed this medical malpractice action [against the corpo

2016See Sherwood v. Danbury Hospital, 278 Conn. 163 , 184 n. 19, 896 A.2d 777 (2006) (hospital may be held vicariously liable when employee physician fails to fulfill duty of care to patient); Mather v. Griffin Hospital, 207 Conn. 125 , 136, 540 A.2d 666 (1988) ("any negligence the jury ascribed to [a nurse employed by the defendant hospital] would have been attributable to the hospital under the doctrine of respondeat superior"); see also Wilkins v. Connecticut Childbirth & Women's Center, 314 Conn. 709 , 104 A.3d 671 (2014) ("the plaintiff filed this medical malpractice action [against the corpo

2016Specifically, Judge Lee determined that the plaintiffs' negligent infliction of emotional distress counts were properly characterized as bystander emotional distress claims, which required the plaintiffs to allege facts tending to show "the[ir] contemporaneous sensory perception of the event or conduct that causes the injury, or by [arrival] on the scene soon thereafter and before substantial change has occurred in the victim's condition or location," as required by our Supreme Court's decision in Clohessy v. Bachelor, 237 Conn. 31 , 56, 675 A.2d 852 (1996).

2016Specifically, Judge Lee determined that the plaintiffs' negligent infliction of emotional distress counts were properly characterized as bystander emotional distress claims, which required the plaintiffs to allege facts tending to show "the[ir] contemporaneous sensory perception of the event or conduct that causes the injury, or by [arrival] on the scene soon thereafter and before substantial change has occurred in the victim's condition or location," as required by our Supreme Court's decision in Clohessy v. Bachelor, 237 Conn. 31 , 56, 675 A.2d 852 (1996).

2016Francis Hospital & Medical Center, 55 Conn.App. 460 , 464, 738 A.2d 1151 (1999) (hospital was sued pursuant to doctrine of respondeat superior); Shenefield v. Greenwich Hospital Assn., 10 Conn.App. 239 , 249, 522 A.2d 829 (1987) ( "[t]he failure of the doctor, while acting as an agent of the hospital, to fulfill his duty supported the jury's finding of negligence on the part of both the doctor and the hospital"); see footnote 9 of this opinion (citing Superior Court cases that have held hospitals vicariously liable for medical practice).

2016Francis Hospital & Medical Center, 55 Conn.App. 460 , 464, 738 A.2d 1151 (1999) (hospital was sued pursuant to doctrine of respondeat superior); Shenefield v. Greenwich Hospital Assn., 10 Conn.App. 239 , 249, 522 A.2d 829 (1987) ( "[t]he failure of the doctor, while acting as an agent of the hospital, to fulfill his duty supported the jury's finding of negligence on the part of both the doctor and the hospital"); see footnote 9 of this opinion (citing Superior Court cases that have held hospitals vicariously liable for medical practice).

2016"It is well established that the elements of a claim for tortious interference with business expectancies are: (1) a business relationship between the plaintiff and another party; (2) the defendant's intentional interference with the business relationship while knowing of the relationship; and (3) as a result of the interference, the plaintiff suffers actual loss." (Internal quotation marks omitted.) American Diamond Exchange, Inc. v. Alpert, 302 Conn. 494 , 510, 28 A.3d 976 (2011).

2016"It is well established that the elements of a claim for tortious interference with business expectancies are: (1) a business relationship between the plaintiff and another party; (2) the defendant's intentional interference with the business relationship while knowing of the relationship; and (3) as a result of the interference, the plaintiff suffers actual loss." (Internal quotation marks omitted.) American Diamond Exchange, Inc. v. Alpert, 302 Conn. 494 , 510, 28 A.3d 976 (2011).

2001Recognized in the employment context in D'Ulisse-Cupo v. Board of Directors of Notre Dame High School , 202 Conn. 206 , 213 , 520 A.2d 217 (1987), this doctrine is an alternative to a claim sounding in contract.

2001Recognized in the employment context in D'Ulisse-Cupo v. Board of Directors of Notre Dame High School , 202 Conn. 206 , 213 , 520 A.2d 217 (1987), this doctrine is an alternative to a claim sounding in contract.

2001It relies on Haynes v. Yale-New Haven Hospital, 243 Conn. 17 , 699 A.2d 964 (1997); Rumbin v. Baez, 52 Conn. App. 487 , 727 A.2d 744 (1999) and two recent Superior Court decisions striking CUTPA counts with facts almost identical to this case, Bridgeport Hospital v. Cone, Superior Court, judicial district of Waterbury, No. 151787 (October 24, 2000, Hodgson, J.); Bridgeport Hospital v. Cone, Superior Court, judicial district of Waterbury, No. 151787 (Feb. 24, 2000, Hodgson, J.).

2001It relies on Haynes v. Yale-New Haven Hospital, 243 Conn. 17 , 699 A.2d 964 (1997); Rumbin v. Baez, 52 Conn. App. 487 , 727 A.2d 744 (1999) and two recent Superior Court decisions striking CUTPA counts with facts almost identical to this case, Bridgeport Hospital v. Cone, Superior Court, judicial district of Waterbury, No. 151787 (October 24, 2000, Hodgson, J.); Bridgeport Hospital v. Cone, Superior Court, judicial district of Waterbury, No. 151787 (Feb. 24, 2000, Hodgson, J.).

2001It relies on Haynes v. Yale-New Haven Hospital, 243 Conn. 17 , 699 A.2d 964 (1997); Rumbin v. Baez, 52 Conn. App. 487 , 727 A.2d 744 (1999) and two recent Superior Court decisions striking CUTPA counts with facts almost identical to this case, Bridgeport Hospital v. Cone, Superior Court, judicial district of Waterbury, No. 151787 (October 24, 2000, Hodgson, J.); Bridgeport Hospital v. Cone, Superior Court, judicial district of Waterbury, No. 151787 (Feb. 24, 2000, Hodgson, J.).

2001It relies on Haynes v. Yale-New Haven Hospital, 243 Conn. 17 , 699 A.2d 964 (1997); Rumbin v. Baez, 52 Conn. App. 487 , 727 A.2d 744 (1999) and two recent Superior Court decisions striking CUTPA counts with facts almost identical to this case, Bridgeport Hospital v. Cone, Superior Court, judicial district of Waterbury, No. 151787 (October 24, 2000, Hodgson, J.); Bridgeport Hospital v. Cone, Superior Court, judicial district of Waterbury, No. 151787 (Feb. 24, 2000, Hodgson, J.).