Here’s a breakdown of the key facts from the provided text,focusing on the legal case surrounding Caroline Ashworth’s death:
The Core Case:
* Caroline Ashworth was killed by Mike Mollow,who then died by suicide. The shooting occurred after Mollow was discharged from St.Vincent’s Medical Center.
* A lawsuit has been filed by Caroline Ashworth’s mother (represented by attorney Reilly) against st. Vincent’s medical Center (owned by Hartford HealthCare), alleging negligence in Mollow’s discharge adn failure to protect Ashworth.
* The central argument: The lawsuit claims the hospital prematurely discharged Mollow despite a valid Psychiatric Emergency Commitment (PEC) and his willingness to stay, and failed to notify Ashworth or properly treat mollow.
Key Legal Arguments & Points of Contention:
* Reilly (plaintiff’s attorney) argues: This is not a medical malpractice case. She disputes the need for an expert witness to prove negligence. she believes the hospital had a duty to act to protect Ashworth.
* del Pozo (defence attorney for the hospital) argues: The hospital had no “duty to warn” Ashworth about Mollow’s release, citing confidentiality laws. He states the law is clear on who can be notified upon a psychiatric patient’s discharge, and Ashworth wasn’t on that list. Warning Ashworth would have required questioning the clinician’s judgment. He also points out there’s no record of Mollow making homicidal threats while at St. Vincent’s. He claims Ashworth already knew the information the lawsuit says the hospital should have shared.
* Justice Bright’s concern: He questions how Reilly can prove mistreatment without an expert witness, suggesting it might fall under medical malpractice.
* The Supreme Court’s Role: The case is currently before the Connecticut Supreme Court, which will review a lower court ruling (by Judge Klau) that struck down certain counts in the complaint. A ruling could take 6-12 months.
Additional Lawsuits & Allegations:
* Consolidated Lawsuits: The case has been consolidated with a wrongful death lawsuit filed by Mollow’s estate against Branford police and SVMC Holdings.
* Branford Police department Allegations: The lawsuit alleges the Branford Police Department was notified by Midstate Medical Center about Mollow’s threats to kill Ashworth, but an officer failed to contact her (due to a voicemail issue) and closed the case within an hour without making an arrest or seizing Mollow’s firearms. An internal investigation found the officers’ conduct was substandard.
Timeline:
* Jury selection in the original lawsuit (filed by Ashworth’s mother) is expected to begin in December.
In essence, the case revolves around whether the hospital had a obligation to protect Ashworth from a possibly dangerous patient they were discharging, and whether the police adequately responded to warnings about Mollow’s threats.