Business Law

Research Paper

Goran Purkovic

Davenport University

LEGL 710

Prof. Erica Miller Ennis

December 17, 2015

Research Paper

Robert Rankin was a patient at River Valley Services, a state Department of Mental Health and Addiction Services facility in Middletown. River Valley Services personnel approved Robert’s unsupervised holiday visit to his mother’s house, despite the fact that he was severely mentally ill and showed threatening signs towards his mother. Furthermore, River Valley Services personnel did not take any steps in warning Robert’s mother of her son being a treat to her and her life. After brutally murdering his own mother, Margaret Rohner, with a fireplace poker and a hunting knife, Robert was found not guilty by reason of insanity (Lender, 2015).

Case details

The lawsuit was filed in Superior Court and due to the Connecticut’s laws that give the government “sovereign immunity” from lawsuits unless the plaintiff gets permission from the claims commissioner, it is often difficult to win the right to sue the state for damages. However, the lawsuit was brought up using legal exception focusing on malpractice suit against state hospitals. Under this exception, if a plaintiff submits a written “certificate of good faith belief” from a qualified professional stating improper care was provided, the claims commissioner cannot block the filing of a suit against the state (Lender, 2015).

The legal papers filed in court included a “certificated of good faith belief” from a psychologist who after reviewing treatment records concluded there was evidence of medical negligence. States attorneys declined to discuss the case in detail, but questioned whether or not a medical malpractice suit can be filled against the state on behalf of a third party (Rohner) who was not receiving a treatment (Lender, 2015).

The “certificate of good faith belief” stated that the River Valley Services staff knew about Robert Rankin not taking his medication and his emotional...