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Med Mal News

By ljnstaff | Law Journal Newsletters |
October 02, 2015

Statute Mandating Communication with Patient Gives Her No Standing to Sue

A court in Hartford, CT, has determined that, although under state law (Connecticut General Statutes (C.G.S.) ' 38a-503(c)), doctors are required to give patients information about the density of their breast tissue, a doctor's failure to do so does not give the patient a statutory cause of action against him. The plaintiff in Guiliano v. Jefferson Radiology alleged a breach of C.G.S. ' 38a-503(c) by her doctor, and she sought damages from him and his employer based on that breach. The defendants moved to strike, and the court complied with their request after finding that the statute did not establish a private right of action. The court did point out, however, that the plaintiff is free to re-plead to allege failure to communicate with her about her breast tissue density ' provided she does so without reference to the statute.

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