Levin v. StateAnnotate this Case
The Supreme Court affirmed the trial court’s judgment in favor of Defendant following the grant of Defendant’s motion to strike, holding that an action authorized by the claims commissioner, limited to medical malpractice, may not survive a motion to strike where the plaintiff was not a patient of the defendant, as required by Jarmie v. Troncale, 50 A.3d 802 (2012).
Plaintiff, administratrix of the estate of the decedent in this case, sought permission to bring an action against Defendant for medical malpractice based on mental health services and treatment given to Robert Rankin, who allegedly fatally stabbed the decedent. The claims commissioner granted Plaintiff permission to bring an action under Conn. Gen. Stat. 4-160(b), limited to medical malpractice. Plaintiff then brought this action. Defendant filed a motion to strike the complaint, arguing that Connecticut does not recognize medical malpractice claims brought by nonpatient third parties. The trial court granted the motion to strike and then rendered judgment for Defendant. The Supreme Court affirmed, holding (1) Jarmie prohibits an action, limited by the claims commissioner to medical malpractice, where the plaintiff was not a patient of the defendant; and (2) if Plaintiff’s action sounded in negligence, then the trial court lacked subject matter jurisdiction over the claim.