Supreme Court of Connecticut
Santana v. State
August 22, 2023347 Conn. 601
Summary
The court held that a birthing mother may pursue a medical malpractice claim against the state for emotional distress caused by medical negligence that physically injures her infant during labor and delivery. Because the complaint alleged that the state’s medical providers breached the professional standard of care and incorporated allegations supporting the infant’s malpractice claim, the second count fell within the statutory waiver of sovereign immunity and was not subject to dismissal. No separate opinion was provided in the record.