The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Medical Malpractice Law Appellate Court Opinion

by Booth, George


AC45088 - Jakobowski v. State (Negligence; claim that sovereign immunity barred plaintiff's claims because claims commissioner exceeded statutory authority in granting permission to sue state; "The defendant, the state of Connecticut, appeals from the judgment of the trial court denying its motion to dismiss the claims asserted against it by the plaintiff, Edward Jakobowski, administrator of the estate of Melinda Jakobowski, on the basis of sovereign immunity. The defendant claims that the court improperly denied its motion to dismiss because the claims commissioner authorized only a medical malpractice claim pursuant to General Statutes (Rev. to 2017) § 4-160 (b), and the plaintiff did not comply with the mandatory requirements of that statute. Alternatively, the defendant contends that if the claims commissioner authorized the plaintiff to sue the defendant for negligence based on lack of informed consent pursuant to § 4-160 (a), any waiver of immunity was invalid because the claims commissioner did not develop a factual record, hold a hearing, or make a finding that the plaintiff's claim was just and equitable. Finally, the defendant claims than the trial court erred in concluding that the claims commissioner's failure to act on the plaintiff's claim within the two year period set forth in General Statutes § 4-159a did not deprive the claims commissioner of authority to act. We affirm the judgment of the trial court.")