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Torts

Pepperdine Law Review

Medical malpractice

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Full-Text Articles in Law

Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler May 2013

Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler

Pepperdine Law Review

No abstract provided.


Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, Patricia L. Andel Jan 2013

Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, Patricia L. Andel

Pepperdine Law Review

Traditionally, 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.