The case raises the question of whether or not a person could sue the state of CT for medical malpractice even if they had settled part of their claim with an insurance company. In this situation, would a partial settlement of the claim foreclose the plaintiff from suing the state for the remainder of the claim?
This is important because it would allow injured parties to hold the state responsible for its agent’s share of the damages. The suit questions if a plaintiff can settle with one of the people/groups that caused the harm and continue to have the state be involved for the remainder of the harm. The attorneys who represent the State of Connecticut interpret to interpret the statute as saying that if you settle with one person/group, you are also settling with the state. More specifically, the state claims that the law says that if anybody pays for a portion of your losses, then the state is immune from being held responsible for any other remaining damages.