To Have and Not Hold: Applying the Discovery Rule to Loss of Consortium Claims Stemming from Premarital, Latent Injuries

Joel Friedman had a slow growing tumor on his thoracic spine. Unfortunately, his doctors negligently failed to diagnose or treat it. Joel then married his wife, Jihane, with whom he initially had a fulfilling physical relationship.! As his illness progressed, however, Joel began experiencing erectile dysfunction.\u27 Ultimately, he became completely impotent. When later testing disclosed Joel\u27s undiagnosed tumor, the Friedmans became aware of their cause of action for medical malpractice. Fortunately, our legal system provides some redress to Joel. The discovery rule protects his claim from the statute of limitations.8 Joel, however, is not the only victim in this case. His wife, Jihane, has also suffered and will continue to face a significant loss of consortium due to the malpractice of her husband\u27s physicians. Unlike Joel, Jihane does not have a cause of action against the physicians in a majority of courts today. As a rule, courts hold that marriage at the time of injury is a prerequisite for bringing a loss of consortium claim. Although a physically injured victim is able to employ the discovery rule to bring the underlying claim of malpractice, most jurisdictions do not allow the deprived spouse\u27 to use the discovery rule to circumvent the marriage requirement in bringing a loss of consortium claim. A growing minority of courts, however, allows the deprived spouse to use the discovery rule when the physically injured spouse\u27s injuries have manifested only after the marriage. \u27 Two main factors have brought this issue before the courts in the last ten years. First, toxic tort litigation has become more frequent in recent years.\u27 The latency period for injuries caused by toxic sub- stances can range from a few years to more than one generation. A person exposed to a toxic substance may not discover the resulting injury until after marriage because of these long latency periods

Generic data for representing truck tire characteristics in simulations of braking and braking-in-a-turn maneuvers. Final report

Navistar International Transportation Corporation, Fort Wayne, Ind.Great Lakes Center for Truck and Transit Research, Ann Arbor, Mich.Transportation Department, University Transportation Centers Program, Washington, D.C.http://deepblue.lib.umich.edu/bitstream/2027.42/1133/2/88023.0001.001.pd

Tracking and stability of multi-unit truck combinations. Final report

Notes: Report covers the period 30 June 1984-30 April 1984Motor Vehicle Manufacturers Association, Detroit, Mich.http://deepblue.lib.umich.edu/bitstream/2027.42/182/2/71545.0001.001.pd

Evaluation of criteria for truck air brake adjustment. Interim report. Volume 1

Notes: Report covers the period Nov 1989 - March 1991Federal Highway Administration, Office of Motor Carrier Safety, Washington, D.C.http://deepblue.lib.umich.edu/bitstream/2027.42/921/2/81825.0001.001.pd

A test procedure for evaluating the obstacle evasion performance of heavy trucks. Final report

Notes: Report covers the period July 1990 - Sept 1991Motor Vehicle Manufacturers Association, Detroit, Mich.http://deepblue.lib.umich.edu/bitstream/2027.42/938/2/82061.0001.001.pd

Development of microcomputer models of truck braking and handling. Final report

Notes: Report covers the period 1 July 1986 - 30 June 1987Motor Vehicle Manufacturers Association, Detroit, Mich.http://deepblue.lib.umich.edu/bitstream/2027.42/9/2/76419.0001.001.pd

Safety Implications of Various Truck Configurations, Volume III: Summary Report

DTFH61-85-C-00091The purpose of this study is to examine changes to size and weight limits in order to determine their effects on the designs and configurations of heavy vehicles, the performance capabilities of the resulting vehicles, and the ensuing safety implications thereof. The summary report provides results and findings from an analytical investigation of the influences of size and weight limits on trucks. In an analytical sense, pavement loading rules and bridge formulas are the inputs to the analyses and vehicle performances are the outputs. Ultimately, the work shows the manner in which size and weight rules influence the safety-related performance of vehicles designed to increase productivity. By treating a number of projected size and weight scenarios, the study has developed a basis for generalizing to sets of principles that can be used in evaluating the possible safety consequences of changes in size and weight regulations

Feasibility of an Automatic Truck Warning System

DTFH61-91-R-00069One of the identified truck accident types that occur on curved exit ramps at interchanges is truck rollover. A truck will overturn or rollover if the lateral acceleration imposed upon it as it travels around a curve of a certain radius and superelevation is greater than allowable given its loading condition. Also, there is a speed at which rollover will occur. This report deals with an automatic warning system to prevent truck rollover. Within the study, three different options were identified and evaluated for feasibility. Of the three, the option selected for further definition and cost-effectiveness analyses was an inroad detection/warning system. The system consists of two detection stations upstream of the curve with the combined ability to detect a truck speed, weight, and height threshold. The warning system is a combination of a static warning sign and a fiber-optic warning message sign, which would be activated if the controller determined that the truck would be operating at the rollover threshold speed or faster by the time it reached the point of curvature. This report provides the details of the design, its costs, and its cost-effectiveness. Also, design plans and specifications were prepared for three installations on the Capital Beltway in Maryland and Virginia

Attitudes toward cost-conscious care among U.S. physicians and medical students: analysis of national cross-sectional survey data by age and stage of training

Abstract Background The success of initiatives intended to increase the value of health care depends, in part, on the degree to which cost-conscious care is endorsed by current and future physicians. This study aimed to first analyze attitudes of U.S. physicians by age and then compare the attitudes of physicians and medical students. Methods A paper survey was mailed in mid-2012 to 3897 practicing physicians randomly selected from the American Medical Association Masterfile. An electronic survey was sent in early 2015 to all 5,992 students at 10 U.S. medical schools. Survey items measured attitudes toward cost-conscious care and perceived responsibility for reducing healthcare costs. Physician responses were first compared across age groups (30–40 years, 41–50 years, 51–60 years, and > 60 years) and then compared to student responses using Chi square tests and logistic regression analyses (controlling for sex). Results A total of 2,556 physicians (65%) and 3395 students (57%) responded. Physician attitudes generally did not differ by age, but differed significantly from those of students. Specifically, students were more likely than physicians to agree that cost to society should be important in treatment decisions (p < 0.001) and that physicians should sometimes deny beneficial but costly services (p < 0.001). Students were less likely to agree that it is unfair to ask physicians to be cost-conscious while prioritizing patient welfare (p < 0.001). Compared to physicians, students assigned more responsibility for reducing healthcare costs to hospitals and health systems (p < 0.001) and less responsibility to lawyers (p < 0.001) and patients (p < 0.001). Nearly all significant differences persisted after controlling for sex and when only the youngest physicians were compared to students. Conclusions Physician attitudes toward cost-conscious care are similar across age groups. However, physician attitudes differ significantly from medical students, even among the youngest physicians most proximate to students in age. Medical student responses suggest they are more accepting of cost-conscious care than physicians and attribute more responsibility for reducing costs to organizations and systems rather than individuals. This may be due to the combined effects of generational differences, new medical school curricula, students’ relative inexperience providing cost-conscious care within complex healthcare systems, and the rapidly evolving U.S. healthcare system.https://deepblue.lib.umich.edu/bitstream/2027.42/146517/1/12909_2018_Article_1388.pd