Lastrina v. Bettauer

Syllabus

The plaintiff, as conservator of the estate of his son D, sought to recover damages from the defendants, B and E, for medical malpractice in connection with their treatment of D. D used marijuana on a regular basis and, anticipating that his employer may administer random drug tests, decided to obtain a medical marijuana certificate based on a diagnosis of post-traumatic stress disorder (PTSD), even though D did not believe that he suffered from that condition. D scheduled an appoint- ment with B, a physician, to obtain the medical marijuana certificate. B referred D to E, a psychologist, who diagnosed D with PTSD based on D's misrepresentations. B accepted E's diagnosis and provided D with a medical marijuana certificate. D proceeded to use medical mari- juana every day and, after approximately two weeks, stopped taking his medication for his bipolar disorder. Thereafter, D was hospitalized due to a manic episode and was later discharged to a facility to partici- pate in a marijuana dependent rehabilitation program. The plaintiff alleged that the defendants violated the applicable standards of care for their respective professions and that, as a result of the defendants' negligence, D suffered from adverse consequences caused by his use of medical marijuana, including exacerbation of D's bipolar disorder and hospitalization. Each defendant filed a motion for summary judgment, claiming that the wrongful conduct rule, which serves as a limitation on liability in civil actions premised on the notion that a plaintiff should not recover for injuries that are sustained as the direct result of his or her knowing and intentional participation in a criminal act, and public policy barred the plaintiff's actions. The trial court granted the motions, finding that D's conduct in purposely deceiving the defendants to obtain certification for medical marijuana constituted a violation of the statute (§ 21a-266) that prohibits the acquisition of a controlled substance by, inter ali