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Damages must bear reasonable relationship to injury.

Publication: Medical Law's Regan Report
Publication Date: 01-MAR-08
Format: Online
Delivery: Immediate Online Access
Full Article Title: Damages must bear reasonable relationship to injury.(Medical Law Case of the Month)(Case study)

Article Excerpt
CASE ON POINT: Carroll v. Avallone, 2007 PASC 14 EAP(12/28/07) A.2d -PA

ISSUE: In this unusual Pennsylvania case a woman suffered a stroke and died. Her husband, as administrator of her estate, brought suit against her treating physician and his group, alleging that they were responsible for her death. Although after a jury trial the jury came back with a verdict for the plaintiff administrator, the amount of damages awarded to the administrator bore little or no relationship to the actual loss incurred by the death of the patient. The Superior Court of Pennsylvania awarded damages which it determined were more consistent with the actual loss.

CASE FACTS: Kelly Ann Carroll suffered a stroke and died. He husband, as administrator of her estate, filed a medical malpractice suit against his deceased wife's attending physician, Dr. Michael Avallone...



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