Santana v. State

Summary

The court held that the statutory waiver of sovereign immunity for medical malpractice claims encompasses a birthing mother's claim for emotional distress arising from medical negligence that physically injures her child during labor and delivery. Because the complaint alleged professional medical negligence, included the required certificate and expert opinion, and could be construed favorably as a medical malpractice claim, dismissal for lack of subject matter jurisdiction was improper. The judgment affirming denial of the motion to dismiss was affirmed.