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.