Add to ORKGTraditionally, a plaintiff suffering from misdiagnosis has been precluded from recovery unless he could show that but for the misdiagnosis he would have had a better-than-even chance of recovery. While many courts have attempted to avoid this doctrine by reducing the standard of causation, this has led to inconsistent results. The better approach is to recognize that a chance of recovery has a compensable value in and of itself This comment will explore the concept of loss of a chance and trace its development as it relates to medical malpractice actions
The loss of chance doctrine in medical malpractice cases holds that when a doctor is responsible for...
Loss of chance is a well-established tort doctrine that seeks to balance traditional tort causation ...
This Comment examines the loss of chance doctrine and its different permutations. It argues that Neb...
Tort lawyers in the United States often think of “loss of a chance” as a theory of “probabilistic ca...
The current procedure for proving causation in legal malpractice, known as the trial-within-a-trial ...
This Comment examines the elements of causation and valuation in medical malpractice actions where a...
Two closely related tort concepts, loss of chance and increased risk, have gained increasing, but no...
The article discusses the basic fairness issues over the lost chance doctrine in medical malpractice...
Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care...
Judicial treatment of the relationship between causation and the relatively new theory of loss of a ...
In proving negligence, one of the elements which the plaintiff must prove is that the damage suffere...
The question whether the loss of chance of a better medical outcome in cases of medical negligence s...
In Herskovits v. Group Health, the Washington Supreme Court held that loss of a less-than-50% chance...
This Note commends the Herskovits court for recognizing the loss of-a-chance claim as a legitimate c...
Part II of this note presents a background on the history of, and alternative theories to, the loss-...
The loss of chance doctrine in medical malpractice cases holds that when a doctor is responsible for...
Loss of chance is a well-established tort doctrine that seeks to balance traditional tort causation ...
This Comment examines the loss of chance doctrine and its different permutations. It argues that Neb...
Tort lawyers in the United States often think of “loss of a chance” as a theory of “probabilistic ca...
The current procedure for proving causation in legal malpractice, known as the trial-within-a-trial ...
This Comment examines the elements of causation and valuation in medical malpractice actions where a...
Two closely related tort concepts, loss of chance and increased risk, have gained increasing, but no...
The article discusses the basic fairness issues over the lost chance doctrine in medical malpractice...
Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care...
Judicial treatment of the relationship between causation and the relatively new theory of loss of a ...
In proving negligence, one of the elements which the plaintiff must prove is that the damage suffere...
The question whether the loss of chance of a better medical outcome in cases of medical negligence s...
In Herskovits v. Group Health, the Washington Supreme Court held that loss of a less-than-50% chance...
This Note commends the Herskovits court for recognizing the loss of-a-chance claim as a legitimate c...
Part II of this note presents a background on the history of, and alternative theories to, the loss-...
The loss of chance doctrine in medical malpractice cases holds that when a doctor is responsible for...
Loss of chance is a well-established tort doctrine that seeks to balance traditional tort causation ...
This Comment examines the loss of chance doctrine and its different permutations. It argues that Neb...