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Consortium claim goes forward even without wife's med-mal suit.

Publication: Trial
Publication Date: 01-MAY-07 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Consortium claim goes forward even without wife's med-mal suit.(California)

Article Excerpt
A husband's claim for loss of consortium may proceed even though his wife dropped the medical negligence case that gave rise to his claim, a panel of the California Court of Appeals has ruled.

In overturning the trial court's decision, the appeals court found that the facts of the case supported the wife's claims of fraud and negligence and, by extension, the husband's claims of damage to his marital relationship. It is the first published decision in California to find that a doctor's duty of care continues even after the patient's treatment has ended.

Writing for the court, Presiding Justice Barbara Jones found that the husband "is a foreseeable plaintiff to whom respondents owe a separate duty of care, arising out of respondents' tortious injury to his...

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