(Download) "Childers v. Hackneys Creek Coal Co." by Court Of Appeals Of Kentucky # eBook PDF Kindle ePub Free

July 21, 2021

eBook details

Title: Childers v. Hackneys Creek Coal Co.
Author : Court Of Appeals Of Kentucky
Release Date : January 27, 1960
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

The issue in this case is whether the Patients Compensation Fund (the Fund), created by La. Rev. Stat. Ann. 40:1299.44, may contest its liability to a medical malpractice victim who has compromised his claim against one health care provider for $ 100,000, while voluntarily dismissing others, and is seeking recovery against the Fund of damages in excess of the settlement amount. We conclude that payment of $ 100,000 to a medical malpractice victim by one qualified health care provider (or the providers insurer) triggers the admission of the liability provision of La. Rev. Stat. Ann. 40:1299.44C(5), and the only contested issue remaining thereafter between the victim and the Fund is the amount of the victims damages in excess of the amount already paid.