Advance Release Opinions – Supreme Court – August 9

Reviews of Supreme Court advance release opinions about medical malpractice.

Medical Malpractice

Gagliano v. Advanced Specialty Care – There was sufficient evidence for jury to find that surgical resident was hospital’s actual agent, making hospital vicariously liable for resident’s malpractice.

Levin v. State – While on an approved home visit from a state mental-health facility, patient stabbed his mother to death. Claims commissioner granted mother’s administratrix permission to sue state for medical malpractice. Trial court struck the complaint. Supreme Court affirmed, finding that plaintiff’s claim violated Jarmie, which bars medical malpractice claims by nonpatients. And, even if plaintiff’s claim sounded in ordinary negligence as opposed to medical malpractice, it exceeded the scope of permission to sue that the claims commissioner had granted and thus the court lacked subject matter jurisdiction over it.