Marland v. University of Connecticut Health Center

Summary

The court held that the state could not collaterally challenge in the Superior Court the claims commissioner’s decision authorizing the plaintiff to sue for medical malpractice, even though the authorization was issued after the expiration of a legislative extension. Because the state did not raise its authority challenge before the claims commissioner, it waived that defense and the commissioner’s authorization was insulated from collateral attack. The trial court therefore improperly dismissed the action for lack of subject matter jurisdiction.