Not exact matches
[T] he comfort and consortium
injuries alleged by [the husband] were
sufficient to state a claim for alienation of affections, and under South Dakota law, [the husband] could not recover on this claim unless he proved that Pins intended to cause those specific
injuries.
In the context of
alleged Ohio medical malpractice, it is usually not
sufficient for the plaintiff (or the plaintiff's lawyer) to simply stand up in court and claim that a doctor gave bad care which caused harm or
injury.
Instead, the issue is whether the evidence is enough to establish that the
alleged negligence was a
sufficient legal cause of the
injury.