Santana v. State

Summary

The concurrence agrees that the plaintiffs pleaded a colorable medical malpractice claim under the statutory waiver of sovereign immunity, allowing the second count to proceed past a motion to dismiss. It emphasizes that the decision concerns only statutory waiver and subject matter jurisdiction, not whether the state owed the mother a duty of care or whether she will ultimately prevail on her emotional distress claim. The concurrence joins the affirmance of the denial of the motion to dismiss.