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Where the plaintiff brought a derivative cause of action claiming as a result of the defendants' alleged negligence in treating his wife, he was required to undergo medical procedures and incur medical expenses, the damages were not directly related to the malpractice claims of the patient and the defendant did not owe a duty of care to the plaintiff. In Maureen Shea and Brendan Shea v. Catholic Health Systems, Inc., Sisters of Charity Hospital of Buffalo, Alan Wang, M.D., Parkside Medical Anesthesia Associates, PC and Patricia Feil, R.N., New York State Supreme Court, Erie County Judge John P. Lane determined the plaintiff, as a non-patient spouse, had no derivative cause of action against the defendants for any claim other than loss of the use of his wife's services and consortium. Dr...
A driver who hit and killed a pedestrian was not at fault, because the woman may have been suicidal, a jury found. On Jan. 31, 2006, at about 10 p.m. Margaret Dilport Flieger was walking in a northbound lane of Highway 30 in Jefferson County. Brad Bebermeyer was driving a Ford Mustang in the same direction at about 60 mph, the speed limit, when he struck Flieger, 26. She was declared dead at the scene.
...Flieger claimed a loss of financial support exceeding $240,000 and a losss of companionship, services and consortium. He said he and his wife did everyt...
..., compensation for lost earnings and services, diminution of earning capacity, anticipated medic... (b)(1) of this section, burial expenses, loss of support and services, loss of companionship, coomfort, society, protection, and consortium, and loss of training, guidance, education, and nu...
..., seeking damages for medical expenses, loss of earnings, physical impairment, disfigurement, p... and mental anguish, loss of household services, and loss of consortium. As the primary insurer, C...
Here's one for personal injury lawyers. Suppose a disabled man's wife is injured in an accident and can no longer assist him in his daily care. Can he recover the cost of professional caretaker services when suing for loss of consortium?
... Kingman ("Calvin"), brought a claim for loss of consortium. Dillard's does not challenge the di... future costs of medication and medical services incurred in treating Paula's right shoulder since ...
Summary judgment; genuine issue of material fact; respondeat superior; employee; vicarious liability; medical malpractice; statute of limitations; doctor; National Union Fire Ins. Co. v. Wuerth, 122 Ohio St.3d 594, 2009-Ohio-3601, 913 N.E.2d 939; Tisdale v. Toledo Hosp., 6th Dist. No. L-11-1005, 2012-Ohio-1110, 2012 WL 929694.
... Dinges, has been caused to suffer a loss of services and consortium, including a loss o...
Parker discusses the refusal of the Tennessee Supreme Court to adopt a cause of action for loss of parental consortium in personal injury cases. In Taylor v. Beard, the court held that such a cause of action should be left to the legislature.
... for Personal Injury and Loss of Services," and added a new cause of action for loss of pare...
Wrongful death, settlement, proceeds, claim, distribution, attorney fees, expenses, consent order, standing, co-administrators, official, capacity, prejudice, surviving spouse, beneficiary, pecuniary, injury, aggrieved, nonparty, fee agreement, quantum meruit, totality of the circumstances, factors, reasonableness, reasonable value, necessity, benefit, abuse of discretion, calculating, rebuttable, presumption, damages, equitable, superintendence, professional rules of conduct, itemized, billing, speculative.
... $30,000 to reflect the loss of the State Farm Insurance claim. The cour... as payment for its services. There is little doubt that this decision in... of support and services, loss of consortium, and mental anguish suffered. R.C. 2125.03 dir...
.... In fact, due to a generous loss-share agreement, regulators could be stuck helping... final round and just one--the OneWest consortium--bid for the entire institution, which it was awar... of (IndyMac) continue to receive the services that (IndyMac) had provided." . William Ruberry, a...
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