UNFAIR
TRADE PRACTICES ACT – MALPRACTICE
Vincent v. Essent Healthcare of Conn., No. CIV 3:04CV491JBA (D. Conn. May 12, 2005)
A mother and infant, residents
of New York, filed suit in federal court against a Connecticut hospital alleging
medical malpractice, a violation of the Connecticut Unfair Trade Practices
Act ("CUTPA"), and negligent infliction of
emotional distress. The hospital sought to have the court dismiss the CUTPA
claim, claiming that the plaintiffs failed to state a claim upon which relief
could be granted. The court agreed with the hospital. The court held that the
plaintiffs' first claim, based upon alleged inadequate staffing, was a claim
concerning medical competence, not trade practices, and therefore not covered
under CUTPA. The plaintiffs' second claim, that the hospital misrepresented
its quality of care through its advertisements and promotional materials, was
also a medical negligence claim and not properly pled under CUTPA. The court
stated that in order to violate CUTPA, the advertising must be alleged to be "unfair,
unconscionable, or deceptive." This hospital's advertisements represented
that the providers were licensed and would meet the applicable standards of
care and did not allege unfair or deceptive behavior.