Loss of consortium refers to the impact the injury has had on the injured party’s ability to provide love, affection, companionship, or services. People often think that loss of consortium refers to the impact the injury has had on a married couple’s sexual relationship. But it’s broader than that. Many states now allow children and parents, in addition to spouses, to bring loss of consortium claims. Note that the person who would sue for loss of consortium is the spouse, parent or child of the person who was injured.
Damages for pain and suffering, including mental anguish, date back to Roman delicts, which is equivalent to today's tort system. The basic Roman delicts were iniuria (injury to person) and damnum iniuria datum (damage to property, including slaves). Under iniuria, the wronged party had to show that the tortfeasor acted willfully and intentionally to recover damages. The action was based on the plaintiff's "sense of outrage" and not on actual economic loss. Therefore the plaintiff could be compensated for "pain or distress of mind or body" in addition to any pecuniary damages. Whereas iniuria required a showing of ill will, damnum iniuria datum only required a showing of negligence. Eventually, Roman law evolved into only compensating for pain and suffering where the tort was intentional and only providing pecuniary damages in the sole case of negligence.
A doctor has to tell you about your condition, the nature of the proposed treatment, the risks of the treatment, and other options that you may have. You can’t consent to treatment unless the doctor gives you all this information. A doctor does not have to explain every possible risk, just the risks that a reasonable patient would want to know before deciding on treatment. This includes explaining what could happen and the likelihood of it happening.
The low point for the Australian medical insurance industry was in 1999 and 2000, with exponential increases in medical insurance premiums and the collapse of the HIH Insurance Group in March 2001. Since then, Australia has introduced a series of reforms, including the capping of compensation awards and dispute-resolution procedures that stipulate mediation or arbitration as the first step.
Traffic tickets can affect your claim, and if the insurance company determined that you were partially at fault for the car accident, then the amount of settlement could be worth less. If you were not at fault and depending on your attorney’s negotiating skills, you might possibly get the full settlement. If the driver who caused the accident was driving under the influence, then he or she would need a criminal defense attorney, as they might be fully held liable for causing the car accident.
Personal injury, or tort, law, allows a person to recover in civil court for the physical, emotional and/or financial injury caused to them by an outside party. The emotional component of personal injury is most often represented by claims of negligent or intentional infliction of emotional distress. Although neither of these claims necessarily involves physical injury, NIED and IIED can have devastating and long-term impacts on a person’s life in ways that surpass many physical injuries. The bar for proving sufficient emotional distress is a fairly high one to succeed on a claim of negligent infliction of emotional distress (NIED), and is even higher for intentional infliction (IIED). This article will examine some common causes of action and the elements of negligent infliction of emotional distress.
The pain of a sickle cell crisis is real and legendary. Your primary care provider should not be trying to limit so severely your access to controlled substances for pain management. Perhaps the mistake here is that you are relying on a primary care provider to handle your pain management needs. Consider consultation with a pain management specialist. Best of luck to you.
Proving medical negligence in these cases is inherently difficult and technical work. Furthermore, juries tend to favor the doctor in medical malpractice trials, making winning a lawsuit – or even a settlement -- against a doctor tricky. This is why these types of personal injury cases are often referred to lawyers whose regular caseload includes a good portion of medical malpractice cases. You’ll need an experienced attorney to successfully sue a doctor.