Kentucky Supreme Court Extends Loss of Consortium Laws
It what can only be described as a landmark victory for families across the state of Kentucky, the Kentucky Supreme Court today held that the surviving spouse of a husband or wife that is killed due to the negligence of another person or company can seek compensation for that spouse's death. The case, Tina Martin, Administratrix of the Estate of Billie Carol Shreve, et al. vs. Ohio County Hospital Corporation, is a huge step forward for the rights of grieving husbands and wives in the Commonwealth, who previously, had no way to make up for the death of a loved one.
Up to this point, Kentucky had been only one of four states in the entire country that did not allow for this type of compensation in a wrongful death case. That is, prior to today, if a husband or wife was killed by the negligence of another (in a car wreck, medical negligence, work injury, or other catastrophe), they could not seek compensation for the loss that was created by the death of their spouse. The right of parents to seek compensation for the death of a minor child, or vice versa, have both been recognized in Kentucky for years. However, until today, the death of a spouse, legally, meant next to nothing.
This legal reality precluded many older Kentuckians from being able to maintain a viable case against a hospital, nursing home, or other facility, for the death of an elderly patient, because their children were too old to maintain a claim for loss of parental consortium, and the loss of spousal consortium was not available to them. Fortunately, these companies can no longer operate with impunity and kill helpless patients or residents without fear of consequence.
To read the opinion go to the Kentucky Supreme Court’s website here http://opinions.kycourts.net/sc/2008-SC-000211-DG.pdf. If your loved one has been killed by the negligence of someone else, please feel free to contact the attorneys at Bahe Cook Cantely & Jones PLC to discuss your rights and options under this new law.
