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Loss of chance in medical malpractice: a look at recent developments: the growing acceptance of this doctrine raises difficult public policy issues, as well as concerns for the limits of medical professional liability. .
From:
Defense Counsel Journal
| Date:
July 1, 2003| Author:
Weigand, Tory A.
| COPYRIGHT 2003 International Association of Defense Counsels. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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THE acceptance and application of the loss of chance doctrine in medical malpractice litigation continues to grow at an alarming rate. While once only a minority view, a majority of the jurisdictions that have addressed the issue now favor application of the doctrine. What are the recent decisions and developments, and what are possible defense strategies?
THE DOCTRINE
In its purest form, loss of chance is a doctrine permitting recovery of damages for the des...
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