In re Mikasinovich

In In re Mikasinovich, 110 Pa. Super. 252, 168 A. 506, 509 (Pa. Super. 1933)), surveying the law of the time, the Superior Court stated: As respects the petition of the hospital and attending physician, neither of them has any claim upon the ward, as respects the fund derived by his guardian from the trial or settlement of this action or the accident and injuries with which it is concerned. Where a minor is living with his father in the family relation, in case of an action for injuries to the minor through the negligence of a third party, the claim of the father must include hospital and medical bills and expenses incurred because of the injury, if they are to be recovered, as well as compensation for loss of services of the son until he is twenty-one years old, Oakland Ry.Co. v. Fielding, 48 Pa. 320(1864); Pennsylvania R. Co. v. Kelly, 31 Pa. 372 (1858), Woeckner v. Erie Electric Motor Co., 182 Pa. 182, 37 A. 936 (1897); while the minor's claim is restricted to damages for pain and suffering and loss of earning power after he becomes of age, Pennsylvania R. Co. v. Kelly, supra. 168 A. at 509. In Mikasinovich, a minor sustained an injury in an automobile accident, the minor's father brought a cause of action on father's behalf, and a separate cause of action on minor's behalf. The father entered into an agreement with the tortfeasor that would provide compensation to both him and his son individually. The agreement was placed before the orphan's court for approval of the father's settlement of the minor's claims. Several health care providers, who had cared for minor's injuries, submitted a lien to the orphan's court seeking satisfaction for medical services they rendered to the minor. Applying the legal principles set forth above to the medical providers' claims, the Superior Court made clear that if: This case had been, or should be, brought to trial, the verdict, if any, for the minor plaintiff could not have included, or could not include, one cent for hospital expenses or doctor's bills; that all such items would have to be included in the verdict, if any, for the father; and that the hospital and attending physician would have to look to the father for payment. Mikasinovich, 168 A. at 509.