Tuesday, October 25, 2011

Jordan v. Baptist Three Rivers Hospital case brief

Jordan v. Baptist Three Rivers Hospital

Subject: Interpretation of statute that combines typical survival and wrongful death actions | loss of consortium.

FACTS
-A surviving child sues for death of parent. On behalf of decedent's estate, she files a medical malpractice claim. Alleges that D’s negligence caused the death.

ISSUE
Is loss of parental or spousal consortium viable in wrongful death cases (in Tenn.).

RULES
-In civil court the death of a human being could not be complained of as an injury.
[Survival Statutes]
Survival statutes permit the victim’s cause of action to survive the death, so that the victim, through the victim’s estate, recovers damages that would have been recovered by the victim had the victim survived.
[Wrongful Death Statutes]
Pure wrongful death statutes create a new cause of action in favor of the survivors of the victim for their loss occasioned by the death.
-The Tenn. statute provides that damages may be recovered resulting to the parties for whose use and benefit in the right of action survives from the death.

HOLDING
Consortium-type damages may be considered when calculating the pecuniary value of a deceased’s life.

AUTHOR'S NOTES

Sometimes a person dies and there are people left over who can benefit in a suit.  In your final exam, if a person dies and he/she has any next of kin who are left over, mention the possibility of a survival statute.

For example:

There may be a survival statute in effect where Y and Z, family members of X, can recover for X's wrongful death. 
Survival statutes permit the victim’s cause of action to survive the death, so that the victim, through the victim’s estate, recovers damages that would have been recovered by the victim had the victim survived.  In this case, if such a survival statute exists, Y and/or Z would be able to sue and recover an award for X's wrongful death.  

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