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	<title>Comments on: Healthcare Update &#8212; 07-09-2010</title>
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	<link>http://www.epmonthly.com/whitecoat/2010/07/healthcare-update-07-09-2010/</link>
	<description>A blog from inside the emergency department</description>
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		<title>By: Matt</title>
		<link>http://www.epmonthly.com/whitecoat/2010/07/healthcare-update-07-09-2010/#comment-23002</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Fri, 09 Jul 2010 15:34:20 +0000</pubDate>
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		<description><![CDATA[Your question implies the case was about whether the deceased&#039;s partner is entitled to $2.45 million.  It wasn&#039;t, at least according to your link. 

The verdict was in favor of the deceased&#039;s estate, not the partner.  The partner will not receive $2.45 million (unless through a will).  In fact, if you read the article the estate may not even be getting that much since one of the two physicians the damages were assessed against for allegedly treating the wrong type of cancer had already settled.

The same sex partner&#039;s loss of consortium claim was thrown out, and may be appealed, but as of now she&#039;s not entitled to anything on her own.  That&#039;s an interesting question to consider, both legally and politically, but it will apply across the board to all injury claims - not just to medical malpractice.]]></description>
		<content:encoded><![CDATA[<p>Your question implies the case was about whether the deceased&#8217;s partner is entitled to $2.45 million.  It wasn&#8217;t, at least according to your link. </p>
<p>The verdict was in favor of the deceased&#8217;s estate, not the partner.  The partner will not receive $2.45 million (unless through a will).  In fact, if you read the article the estate may not even be getting that much since one of the two physicians the damages were assessed against for allegedly treating the wrong type of cancer had already settled.</p>
<p>The same sex partner&#8217;s loss of consortium claim was thrown out, and may be appealed, but as of now she&#8217;s not entitled to anything on her own.  That&#8217;s an interesting question to consider, both legally and politically, but it will apply across the board to all injury claims &#8211; not just to medical malpractice.</p>
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