Nimreitz

Just because it's not wrongful death doesn't mean that it wouldn't fall under any number of other causes of action especially medical malpractice. It's not suspect to throw out that claim if it has no basis in the law and it happens all the time. "Failure to state a claim". If you want the legal system to "make you whole" you need to state the correct claim. I can't sue someone who accidentally rear ends me for intentional infliction of emotional distress for the same legal reason that this was dismissed at the summary judgment stage.

A lawyer would probably prefer to sue under wrongful death because a jury might award much higher damages for that than for malpractice, not to mention that the state might have a cap on damages in malpractice cases.

Krstic All-Star

Unsurprisingly, Catholic Health Iniatives has come out and said it was morally wrong to assert the defense.

http://www.catholichealthinit.org/do...ill%20Case.pdf

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LIPA delenda est

Hyperion

But they still did it... So.... Are the going to hell now or will they give themselves a few indulgences and be done with it?

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"I've seen things you people wouldn't believe. Attack ships on fire off the shoulder of Orion. I watched C-beams glitter in the dark near the Tannhauser gate. All those moments will be lost in time... like tears in rain...."

"The light that burns twice as bright burns for half as long - and you have burned so very, very brightly"

Krstic All-Star

They're saying it's not a material part of the appeal:

__________________
LIPA delenda est