Friday, July 25, 2008
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.