“ Loss of Chance ” Doctrine in Medical Malpractice Cases
نویسنده
چکیده
One of the earliest decisions on this subject opines that the “all or nothing” rule provides a “blanket release from liability for doctors and hospitals any time there was less than a 50 percent chance of survival, regardless of how flagrant the negligence.”7 Another more recent decision notes that the “all or nothing” approach “fails to recognize the common sense proposition that a loss of chance of survival or recovery does injure a person.”8 While the LOC doctrine is theoretically applicable to a multitude of cases,9 its widest application is in the area of medical malpractice.10 The courts have given various reasons for applying the doctrine to that subject matter.11 This article will explore the history of the doctrine in the medical malpractice context, describe its evolution across the country, and analyze the extent to which New York courts have dealt with the doctrine. Because New York law is not fully developed on the topic, answers to some of the questions raised cannot be provided.
منابع مشابه
The Loss of Chance Doctrine C
Daniela Stallone Assistant Vice President, Claims Medical Liability Mutual Insurance Company The cases presented in this issue involve the legal doctrine of the “loss of chance.” The plaintiffs in both cases alleged that the negligence of, and delay in diagnosis by, the treating physician was a “substantial factor” in causing their injuries. Expert testimony for the plaintiff will often state t...
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