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Widener Univ. School of Law

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Friday, July 25, 2008

Massachusetts Accepts Loss of Chance Doctrine

On Wednesday, the Massachusetts Supreme Judicial Court acknowledged, for the first time, that the loss of chance doctrine was good law in that jurisdiction:

"Where a physician's negligence reduces or eliminates the patient's prospects for achieving a more favorable medical outcome, the physician has harmed the patient and is liable for damages," the court said in a decision written by Chief Justice Margaret Marshall.

Damages will be awarded proportionate to the diminished survival rate caused by the physician's negligence.  The full story is here.

--CJR

http://lawprofessors.typepad.com/tortsprof/2008/07/massachusetts-a.html

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Posted by: Ken Stebenne | Jul 30, 2008 4:08:30 AM

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