loss of chance Archives - Medical Malpractice Lawyers

Texas Supreme Court Vacates Granting Of New Trial In Medical Malpractice Case

August 10, 2026

Jose Torres suffered a severe injury to his right index finger in a bandsaw accident. Leo Lapuerta, a plastic surgeon, treated Torres. Lapuerta described the tip of the finger as “hanging by a thread.” Because of the injury’s severity, Lapuerta recommended amputation of the finger. Torres refu[...]

Washington Appellate Court Affirms Defense Summary Judgment In Premature Birth Claim

January 30, 2024

On August 27, 2015, Cheri Tiller was 26 weeks pregnant when she noticed some bleeding and abdominal pain after intercourse. She called SSWC to leave a message about her symptoms. She received a call back from a SSWC nurse, who advised her that the symptoms were not abnormal after intercourse and tha[...]

Federal Appellate Court Revives West Virginia Loss Of Chance Medical Malpractice Case

July 11, 2022

Court Revives West Virginia Loss Of Chance Medical Malpractice Case: The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) stated in its May 3, 2022 published Opinion: “This appeal concerns the “loss of chance” provision of West Virginia’s Medi[...]

North Carolina Supreme Court Declines To Adopt Loss Of Chance Doctrine In Medical Malpractice Cases

December 22, 2020

The Supreme Court of North Carolina (“North Carolina Supreme Court”) declined to adopt the loss of chance doctrine in medical malpractice cases in its opinion filed on December 18, 2020. The North Carolina Supreme Court stated, “we are asked to change our existing jurisprudence reg[...]

Hawaii Supreme Court Recognizes Loss Of Chance Doctrine In Medical Malpractice Death Claims

May 9, 2020

The Supreme Court of the State of Hawai’i (“Hawaii Supreme Court”) held in its opinion filed on May 5, 2020: “while a “loss of chance” is not a separate compensable injury under Hawaiʻi law, a factfinder in a medical malpractice case involving the death of a patient may [...]

Mississippi Supreme Court Affirms Loss Of Chance Doctrine In Mississippi Medical Malpractice Case

February 6, 2019

The Supreme Court of Mississippi (“Mississippi Supreme Court”) in its opinion handed down on January 24, 2019 reaffirmed Mississippi’s loss of chance doctrine in Mississippi medical malpractice cases, which requires a plaintiff to show that proper treatment would have provided the [...]

Oregon Supreme Court Recognizes Loss Of Chance Of Recovery Claim In Medical Malpractice Cases

May 13, 2017

In its opinion filed on May 11, 2017, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) held, as a matter of first impression, that a medical negligence claim based on a loss-of-chance theory of injury in the circumstances presented is cognizable under Oregon common law ([...]

Vermont Supreme Court Discusses Loss Of Chance Doctrine In Cataract Surgery Malpractice Case

October 31, 2015

In its decision filed on October 9, 2015, the Vermont Supreme Court overturned the lower court’s granting summary judgment in favor of the defendant ophthalmologist, concluding that in the plaintiff’s medical expert’s opinion that (1) there was at least a fifty-one percent ch[...]

Minnesota Supreme Court Upholds Loss-Of-Chance In Medical Malpractice Cases

June 13, 2013

In its decision filed on May 31, 2013, the Minnesota Supreme Court held that in a medical malpractice action, a patient may recover damages when a physician’s negligence causes the patient to lose a chance of recovery or survival. The Minnesota Supreme Court held, “Because we conclude that M[...]

New York Court Of Appeals Side-Steps Loss-Of-Chance Recovery In Medical Malpractice Case

June 10, 2013

In its decision filed on June 6, 2013, the New York Court of Appeals (“Court of Appeals”) declined to decide if the “loss-of-chance” theory of tort recovery is available in New York medical malpractice cases. The loss-of-chance doctrine allows recovery to patients “[...]

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