Part II of this note presents a background on the history of, and alternative theories to, the loss-of-chance doctrine. Part III presents the facts, procedural history, holding, and reasoning of the case. Part IV scrutinizes and assesses the court’s holding, the various public policy implications, and the future effect on medical malpractice claims. Finally, Part V concludes the paper. Essentially, the question is whether the loss-of-chance doctrine will apply when a plaintiff proves a direct causal connection between the injury and the defendant’s negligent act
In proving negligence, one of the elements which the plaintiff must prove is that the damage suffere...
This Note first chronicles the development of loss of chance in medical malpractice litigation by fo...
This short commentary corrects an erroneous understanding of probabilistic causation in the loss-of-...
The current procedure for proving causation in legal malpractice, known as the trial-within-a-trial ...
This Note commends the Herskovits court for recognizing the loss of-a-chance claim as a legitimate c...
Judicial treatment of the relationship between causation and the relatively new theory of loss of a ...
The central argument advanced in this Note is that a loss of chance should be recognized as an indep...
This Comment examines the loss of chance doctrine and its different permutations. It argues that Neb...
Loss of chance is a well-established tort doctrine that seeks to balance traditional tort causation ...
Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care...
The article discusses the basic fairness issues over the lost chance doctrine in medical malpractice...
Traditionally, a plaintiff suffering from misdiagnosis has been precluded from recovery unless he c...
This short commentary corrects an erroneous understanding of probabilistic causation in the loss-of-...
Tort lawyers in the United States often think of “loss of a chance” as a theory of “probabilistic ca...
The loss of chance doctrine in medical malpractice cases holds that when a doctor is responsible for...
In proving negligence, one of the elements which the plaintiff must prove is that the damage suffere...
This Note first chronicles the development of loss of chance in medical malpractice litigation by fo...
This short commentary corrects an erroneous understanding of probabilistic causation in the loss-of-...
The current procedure for proving causation in legal malpractice, known as the trial-within-a-trial ...
This Note commends the Herskovits court for recognizing the loss of-a-chance claim as a legitimate c...
Judicial treatment of the relationship between causation and the relatively new theory of loss of a ...
The central argument advanced in this Note is that a loss of chance should be recognized as an indep...
This Comment examines the loss of chance doctrine and its different permutations. It argues that Neb...
Loss of chance is a well-established tort doctrine that seeks to balance traditional tort causation ...
Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care...
The article discusses the basic fairness issues over the lost chance doctrine in medical malpractice...
Traditionally, a plaintiff suffering from misdiagnosis has been precluded from recovery unless he c...
This short commentary corrects an erroneous understanding of probabilistic causation in the loss-of-...
Tort lawyers in the United States often think of “loss of a chance” as a theory of “probabilistic ca...
The loss of chance doctrine in medical malpractice cases holds that when a doctor is responsible for...
In proving negligence, one of the elements which the plaintiff must prove is that the damage suffere...
This Note first chronicles the development of loss of chance in medical malpractice litigation by fo...
This short commentary corrects an erroneous understanding of probabilistic causation in the loss-of-...