Derivative claims include claims of parents, guardians, trustees, children, relatives, attorneys, or any other representatives of the patient including claims for loss of services, loss of consortium
, expenses, and other similar claims.
Potential jurors with a strong commitment to family may feel that loss of consortium
should not be equated with money.
Many courts have traditionally denied recovery in a direct action brought by or for a child for loss of consortium
or for interference with parental rights.
The jury awarded $18 million in compensatory damages to Humeston for his heart attack, $2 million to his wife for loss of consortium
The court noted that the defendant hospital contended that the plaintiff's loss of consortium
claim, which was joined to the survivorship/personal injury claim brought by the plaintiff as the personal representative of his wife's estate did not survive her death.
Linda's husband stated a derivative claim for loss of consortium
Does the fact that the plaintiffs in wrongful death cases are suing the parties responsible for loss of consortium
Shore, the husband had a medical malpractice claim, and it was apparent that the wife had suffered a loss of consortium
Hendrix and her husband, Michael Hendrix, have suffered and will continue to suffer loss of consortium
," the complaint states.
Castro and Berke alleging fraud and/or deceit, medical malpractice, and loss of consortium
A trial lawyer is not completely without resources in proving a loss of consortium
claim, but gathering concrete evidence requires diligence and hard work.
The action is for wrongful death, loss of consortium
, negligent hiring, negligent retention, negligence, and equitable relief.