329 Conn. 701
Conn.2018Background
- Decedent was killed by her son, Robert Rankin, after he returned on an approved home visit from River Valley Services, a state-run mental health residential facility.
- Jill K. Levin (administratrix) filed a notice of claim with the Claims Commissioner asserting "medical malpractice" based on River Valley’s mental-health care of Rankin and submitted a certificate of good faith under § 4-160(b).
- The Claims Commissioner authorized suit, expressly limited to the portion of the claim alleging malpractice by state-employed health-care providers.
- Levin then sued the state alleging River Valley’s negligence in diagnosis, treatment, custody, supervised visits, and failure to warn the decedent of Rankin’s dangerous propensities.
- The state moved to strike, arguing Connecticut law bars medical-malpractice suits by nonpatients (Jarmie) and the Claims Commissioner did not authorize a common-law negligence suit; the trial court granted the motion and entered judgment for the state.
- Levin appealed; the Supreme Court affirmed, holding the claim was either barred as nonpatient medical malpractice or outside the scope of the Claims Commissioner’s § 4-160(b) authorization.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an action authorized by the Claims Commissioner as "medical malpractice" can proceed when plaintiff is not the defendant's patient | Levin: her pleading alleges medical negligence (failure to warn, custody/ care failures) distinct from medical malpractice; Jarmie shouldn't bar her claim | State: Jarmie prohibits nonpatient medical-malpractice claims; alternatively, only malpractice suit was authorized so court lacks jurisdiction over common-law negligence | Held: Affirmed for state. The claim authorized was malpractice (barred by Jarmie), and if construed as negligence it was not authorized by the Claims Commissioner, so no subject-matter jurisdiction. |
Key Cases Cited
- Jarmie v. Troncale, 306 Conn. 578 (Conn. 2012) (Connecticut disallows medical-malpractice actions brought by nonpatients)
- Ajadi v. Commissioner of Correction, 280 Conn. 514 (Conn. 2006) (subject-matter jurisdiction is a plenary question, may be raised at any time)
- Chief Information Officer v. Computers Plus Center, Inc., 310 Conn. 60 (Conn. 2013) (claimant must obtain Claims Commissioner authorization before suing state for monetary relief)
- D'Eramo v. Smith, 273 Conn. 610 (Conn. 2005) (§ 4-160(b) requires Claims Commissioner to authorize malpractice suits when certificate of good faith is filed)
- Housatonic Railroad Co. v. Commissioner of Revenue Services, 301 Conn. 268 (Conn. 2011) (statutory waivers of sovereign immunity must be narrowly construed)
- Fraser v. United States, 236 Conn. 625 (Conn. 1996) (duty of psychotherapists to control outpatients discussed in negligence context)