About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

8 Elon L. Rev. 461 (2016)
Medical Malpractice and Wrongful Death: Some Lives Are Worth More than Others

handle is hein.journals/elonlr8 and id is 469 raw text is: MEDICAL MALPRACTICE AND WRONGFUL DEATH: SOME LIVES ARE WORTH MORE THAN OTHERS RALPH PEEPLES* CATHERINE HARRIS** ABSTRACT Damages in wrongful death lawsuits, like damages in all tort lawsuits, defy prediction. In order to understand the factors influencing the determina- tion of wrongful death damages, this Article examined the outcomes and case characteristics of all the wrongful death lawsuits defended by a medical malprac- tice insurer in Virginia and North Carolina from 2009 through 2015. The data was derived from the insurer's closed claims files. The 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 mul- tivariate analysis, the data showed that three variables had predictive power: the claims adjuster's assessment of liability, the marital status of the deceased, and whether the primary physician-defendant was engaged either as a specialist, or in primary care. I. INTRODUCTION The question of wrongful death damages-the amount, if any, that a plaintiff is entitled to-is traditionally ajury question. There are no formulas to invoke. The jury simply decides, after an instruction from the court. More often, of course, the opposing sides agree on a settlement amount, often by arguing over what a jury would do. Again, there are no formulas, and, at best, some vague statutory rules. This Article attempts to identify the factors that affect the decision to pay damages for wrongful death, as well as the factors that affect the * Professor of Law, Wake Forest University. ** Professor of Sociology, Wake Forest University. (461)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most