Connecticut’s Certificate of Good Faith Explained

Quick answer: Connecticut law requires medical malpractice plaintiffs to file a Certificate of Good Faith alongside their lawsuit. Under Connecticut General Statutes § 52-190a, this certificate must be supported by a written professional opinion confirming evidence of negligence — or the case risks automatic dismissal.

Filing a medical malpractice lawsuit in Connecticut involves more than proving negligence. Before your case even gets off the ground, state law requires you to meet a specific procedural threshold: the Certificate of Good Faith requirement. Understanding what this means — and what happens when it’s overlooked — can make or break your claim.

What Are the Core Requirements of a Medical Malpractice Lawsuit in Connecticut?

Connecticut General Statutes § 52-190a mandates that anyone filing a medical malpractice claim must demonstrate, from the outset, that their lawsuit has a legitimate legal basis. This requirement exists to prevent frivolous claims from clogging the courts and to protect healthcare providers from unwarranted litigation.

What Is the Certificate of Reasonable Inquiry?

The initial complaint or pleading must include an explicit certification that the attorney or plaintiff conducted a reasonable pre-lawsuit inquiry. This inquiry must support a good faith belief that medical negligence actually occurred.

What Must the Written Opinion Letter Include?

The certificate must be accompanied by a signed, written opinion from a qualified medical professional — known under the statute as a “similar health care provider.” This letter must do more than simply assert that negligence took place. It must provide a detailed explanation of how the expert witness arrived at that conclusion, outlining the specific facts and reasoning behind the opinion.

Why Does the Basis of the Opinion Matter?

A vague or conclusory opinion letter will not satisfy the statutory requirement. Connecticut courts have made clear that the professional’s written opinion must articulate a reasoned, substantive basis for the negligence claim. This level of detail ensures that only claims with genuine evidentiary support move forward.

Who Can Provide a Professional Opinion in a Connecticut Medical Malpractice Case?

How Is a “Similar Health Care Provider” Defined?

Under Connecticut General Statutes § 52-190a, the opinion letter must come from a provider who practices in the same or a similar field of medicine as the defendant healthcare professional. A general practitioner’s opinion, for example, would likely be insufficient in a case involving a surgical procedure.

What Are the Legal Qualifications for Expert Witnesses?

Beyond practicing in a similar field, the expert witness must meet the legal qualifications required to serve in Connecticut court. This means their credentials, training, and experience must align with the standards the court applies when evaluating expert witness testimony.

What Are the Consequences of Non-Compliance with Good Faith Requirements?

Will My Case Be Dismissed If I Don’t File the Certificate?

Yes. Failing to attach the Certificate of Good Faith, omitting the written opinion letter, or relying on an opinion from an unqualified professional will generally result in the court dismissing the lawsuit. 

This dismissal can be devastating, particularly for victims who have already suffered significant harm. Given the strict compliance standards, working with an experienced Connecticut medical malpractice attorney from the start is essential.

Can the Expert Witness’s Identity Be Protected?

Yes. While the expert witness must be fully qualified and their credentials must be provided, Connecticut law generally permits the professional’s name and identifying details to be redacted from the attached letter. This anonymity protection helps shield medical professionals from professional backlash for offering opinions against colleagues in the field.

Seeking Justice for Medical Malpractice in Connecticut

The good faith requirements under Connecticut General Statutes § 52-190a reflect the state’s commitment to ensuring that medical malpractice claims are grounded in genuine evidence of negligence. For victims, however, these procedural rules can feel like significant hurdles — especially when navigating the aftermath of a serious medical injury.

At Jacobs & Dow, LLC, our attorneys have extensive experience guiding Connecticut medical malpractice victims through every step of the legal process, including securing the qualified expert witness opinions required under § 52-190a. 

If you or a loved one has been harmed due to medical negligence, contact Jacobs & Dow, LLC today for a consultation. You deserve knowledgeable legal representation — and we’re here to help.