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Legal Mag > Blog > Litigation > EVOLVING LAW: Court Allows Emotional Distress Damages in MedMal Definition
Litigation

EVOLVING LAW: Court Allows Emotional Distress Damages in MedMal Definition

Press Room
Press Room 4 weeks ago
Updated 2023/08/24 at 12:36 PM
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The Connecticut Supreme Court ruled “medical malpractice claims” is broad enough to include a mother’s emotional distress damages during an allegedly traumatic birth caused by health care professionals, and waived the state’s sovereign immunity. 

Under General Statutes § 4-160(f), the state’s sovereign immunity is waived in qualified medical malpractice lawsuits, which allows the actions to move forward without the authorization from the Claims Commissioner. The General Assembly enacted this statute to prevent case backlog, the opinion said. 

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