Carmichael Hospital Patient Files Medical Malpractice Claim, Part 5 of 5.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

G. Home Remodel or Replacement Costs

One important item which Dr. Barchuk recommended, but Ms. Albee was unable to price, was the cost of either updating the Bates’ home to accommodate her disabilities or selling the current home and buying a home that is ADA compliant in bathrooms, hallways, kitchen, bedrooms, and entries and exits. For purposes of this letter, I will estimate the cost of either choice to be $135,500.

H. Loss of Consortium: Andy Bates

Andy Bates is entitled to his own claim for general damages for loss of consortium. He is not limited by his wife’s MICRA cap of $250,000 (see Atkins v. Strayhorn (1990) 223 Cal.App.3d 1380, 1394-1396). Under MICRA he has a separate MICRA cap of $250,000. Under EADACPA he has no cap. For purposes of this letter, his claim for loss of consortium under either cause of action will be $250,000.


Claimants have the following damage claims pursuant to their First and Second Causes of Action:

1. Cost of Life Care Plan $12,123,769.64
2. Andy Bates’ Loss of Income $ 228,080.00
3. MICRA General Damages $ 250,000.00
4. EADACPA General Damages $ 625,000.00
5. EADACPA Attorney Fees and Costs $ 312,000.00
6. Home Remodel or Replace $ 135,500.00
7. Andy Bates’ Loss of Consortium $ 250,000.00
TOTAL $13,924,349.64

Under the facts of this case, plaintiffs should prevail on both causes of action. However, the cost of attendant care and other costs required to care for Ms. Bates’ needs as set forth in the Life Care Plan and other appropriate damages, should be awarded to claimants if claimants prevail on either cause of action.

Please contact my office if I can be of further service to you.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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