Key issue - when does the wrongful death statute come into a medical malpractice action and how does it help you with a statute of limitations problem such as a failure to tell the patient about a positive test for cancer and not getting caught for more than 2 years? (Assuming the old law is still in place.)
What claim did the plaintiffs file first?
What federal law did plaintiff's claim under?
What state statutory claim did they add?
When did Wollen come down?
What did Wollen tell us about lost chance cases?
What statute of limitations defenses did Cox Medical raise?
What did plaintiff claim was the controlling statute of limitations for survival actions?
How do survival and wrongful death actions differ?
What do you have to prove in each case if the underlying negligence is medical malpractice?
Why did plaintiffs' survival action fail?
What was the problem with the parents original pleading of the survival action?
The Climate Change and Public Health Law Site
The Best on the WWW Since 1995!
Copyright as to non-public domain materials
See DR-KATE.COM for home hurricane and disaster preparation
See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Professor Edward P. Richards, III, JD, MPH - Webmaster
Provide Website Feedback - https://www.lsu.edu/feedback
Privacy Statement - https://www.lsu.edu/privacy
Accessibility Statement - https://www.lsu.edu/accessibility