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 information

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...

Related newspaper, magazine, and journal articles from HighBeam Research

The application of the loss of chance doctrine in class actions
The Review of Litigation ; I. Introduction The loss of chance doctrine enables a plaintiff to obtain damages from a defendant for a heightened risk of death or injury, even if the plaintiff cannot prove by a preponderance of the evidence that the ultimate injury was caused by the defendant's negligence.1 For example, suppose
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. .
Defense Counsel Journal ; 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
'Loss of chance' damages gaining acceptance
Lawyers USA ; A recent decision by Massachusetts' highest court permitting medical malpractice plaintiffs to sue for "loss of chance" of survival is being hailed by plaintiffs' lawyers. The Massachusetts Supreme Judicial Court affirmed a $328,135 jury award to a widow and her son based on her husband's lost
Loss and the grieving process. (death of loved ones)
Parks & Recreation ; Loss and grief are topics that are rarely addressed in the training of recreation professionals, and yet they are an inevitable facet in our lives and the lives of our consumers. Recreation therapists working in high-crime areas, hospitals, hospice, and nursing homes and those advocating for
Loss As a Meaning-Making Journey
Journal of Cognitive Psychotherapy ; Loss As a Meaning-Making Journey Lessons of Loss: A Guide to Coping Robert A. Neimeyer. New York: McGraw-Hill (www. mcgraw-hill.com). 1998, 214 pp., $30.59 (softcover). Robert Neimeyer is not only known as one of the most prominent and prolific scholars in constructivist psychology and