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Full-Text Articles in Law
Medical Malpractice And Wrongful Death: Some Lives Are Worth More Than Others, Ralph Peeples, Catherine T. Harris
Medical Malpractice And Wrongful Death: Some Lives Are Worth More Than Others, Ralph Peeples, Catherine T. Harris
Ralph Peeples
We examined the outcomes and case characteristics of all the wrongful death lawsuits defended by a medical malpractice insurer in Virginia and North Carolina from 2009 through 2014. We derived our data from the insurer's closed claims files. Our goal was to identify the factors that affected whether compensation was paid, as well as the factors that affected the amount of compensation, when that occurred. Using multivariate analysis, we found that four variables had predictive power: the claims adjuster's assessment of liability, the age of the deceased, the marital status of the deceased, and whether the primary physician-defendant was engaged …
If A Helicopter Hits An Offshore Platform And Crashes At Sea, Where Do You Bury The Survivors?, Ryan A. Hackney
If A Helicopter Hits An Offshore Platform And Crashes At Sea, Where Do You Bury The Survivors?, Ryan A. Hackney
Ryan A Hackney
What law governs wrongful death claims when a helicopter crashes into an offshore oil platform and falls into the sea? No fewer than seven federal opinions have focused on this exact question, the answer to which can make a big difference to the victim’s survivors. If the Outer Continental Shelf Lands Act (“OCSLA”) applies then the survivors may seek pecuniary, nonpecuniary, and possibly punitive damages under the law of the adjacent state. If the Death on the High Seas Act (“DOHSA”) applies, however, the survivors may seek only pecuniary damages, which in many cases will mean no recovery at all. …
Punitive Damages Claims And The Illinois Survival Act, Catherine M. Masters
Punitive Damages Claims And The Illinois Survival Act, Catherine M. Masters
Catherine M Masters
Abstract: Under the common law, which is the law of Illinois unless modified by the legislature, all claims abated on the death of the claimant. The Illinois legislature chose to enact limited modifications of the common law, allowing only compensatory and not punitive damages in survival and wrongful death actions. The Illinois Supreme Court has repeatedly interpreted the terms of the Survival Act and Wrongful Death Act as authorizing only compensatory damage claims. By reenacting the statutes subsequent to this judicial interpretation, and by rejecting amendments to allow punitive damages, the legislature has confirmed and ratified the Illinois Supreme Court’s …
September 11 Relief Efforts And Surviving Same-Sex Partners: Reflections On Relationships In The Absence Of Legal Recognition, Nancy J. Knauer
September 11 Relief Efforts And Surviving Same-Sex Partners: Reflections On Relationships In The Absence Of Legal Recognition, Nancy J. Knauer
Nancy J. Knauer
The criteria established by federal, state, and private relief efforts to assist the families of the victims of the September 11 attacks present a unique opportunity to examine the status of same-sex relationships in the United States. In the absence of uniform relationship recognition, surviving same-sex partners continue to struggle with a loss that legally is not cognizable. The stories from the September 11 survivors illustrate that a surviving partner is a legal stranger, who often must reconfigure her relationship with her partner to fit within the various legal categories where relief or compensation might be forthcoming. These legal categories …